Legal Question in Family Law in New York

can my mother do this? why?

im 16 years old, my mother kicked my out because of a disagreement over friends, now i live with dad 50 miles away, my dad doesnt care if i talk to friends but mom is trying to get orders so that i cant talk or see any of my friends, can she do that?, my mother and father have joint custody but i dont see or speak to my mother and theres no other support... so can she stop me from seeing/talking to my friends? can she call the cops if i call them? will my friends get in trouble if they call me? i guess i dont see how that works if i have no contact with her... what can she do about me talking to friends? can she really stop me? what gives her that right? when am i legally allowed to make my own descisions? and finally, at the end of the school year i will be 17 and graduated with my own job and i will hopefully get an apartment... can my parents stop me from moving out? when can i get legally emancipated, and how do i go about doing that? thanks for the help, i hope this isnt too many questions, thanks


Asked on 11/13/06, 11:57 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: can my mother do this? why?

If your "friends" are adults and/or of the opposite sex, and the Court is made to believe that they are contributing to "your" delinquency, it is possible for the Court to issue an Order or Direction that certain alleged "unsavory" or "adult" people, cease contact with you.

Although such a Court Order or Direction would essentially be unenforceable, if you are no longer subject to your mother's daily supervision or oversight. It would probably be effective in "warning" your friends away from you.

So, the answer is YES. Your your mother can continue to interfere with what you decide to do and how you decide to design your life after HS, before you are 21 or are emancipated. legally and extralegally. Which means that you should be very careful how you decide to proceed and who you trust with your confidences.

Suggest that you attempt to gain the support of another adult member of your mother's family, to act as an arbitrator between you and your mother.

And, enlist the relative's help in presenting your case or position clear to your mother, with respect to what you want for your own life.

But, If you have a plan and want to achieve things that your mother can neither "see" or understand, do not expect that she will agree with you or stop trying to interfere or "make" you see it her way or else.

Good luck,

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Answered on 11/13/06, 5:47 pm


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