Legal Question in Family Law in New York
can you legally leave home without parental consent in the State of New York? if not, what can you do to move out before you're 18?
1 Answer from Attorneys
It is really dependent upon why you want to move out and your current life circumstances. What you are seeking is "emancipation" from your parent.
The law is a little vague on whether emancipation can automatically occur in some cases, but it can be decided upon by a judge. Courts in NYS have held that a child may be emancipated if, at age of 16 or over, he gets a full time job. Note that this doesn't include employment during school recess. And if, a child stops working full time before the age of 21, he or she is no longer emancipated unless there is a separate emancipation event. In cases where a child works 30 to 35 hours a week and pays for his or her own daily expenses like a car, telephone, rent, or similar expenses (and/or contributes to his parent's rent and living expenses), the Courts often declare that such a child is emancipated. However, if a child is a full time student, the Courts are reluctant to emancipate that child unless that child also pays all of his or her own costs of school. A child who is of employable age and refuses to have a relationship with his or her father, can be emancipated.