Who's emancipated? Me or 'the kid'!!!

[sosad53]

What is the name of your state? I need help here in NY. I've had problems with my daughter since she's 14. I did the PINS. She did minimal cooperation in counseling. One week before she was 18, she took my bank card and went shopping with it. When confronted she denied all. She pleaded guilty in court. She has stolen from me again. I'm pressing charges again. I need emancipation! I went to the Dept. of Probation as some P.O.'s told me to do. They said that is NOT one of the things they handle. How do I go about getting free of being responsible for her? I am legally responsible for her until she's 21 as it stands now.

 

[I AM ALWAYS LIABLE]

I am legally responsible for her until she's 21 as it stands now.

My response:

Who told you that?

IAAL

 

[rmet4nzkx]

Yes, in New York
* Age of Emancipation: no emancipation statute
* Age of Majority: 21
* Age for Sexual Consent: 17
a sobering fact to many parents and technically does not have emancipation per se, if there is no qualifying for emancipation, then you might seek to have her delared incorrigible. New York state prosecutes offenders over 15, however in adult courts. So you are right to press charges for her crimes.
here is info on emancipation.
http://www.uslegalforms.com/lawdigest/emanicipation-law-digest.php/NY/NY-EM-001.htm
New York - Emancipation - Removal of Disability

The State of New York does not have an emancipation statute available or a court proceeding to remove the disability of minority. Rather, the status of a youth will turn on the specific facts of the case.

According to caselaw, in the State of New York "emancipation" has been defined as the renunciation of parental rights to a child. Gittleman v. Gittleman, 81 A.D. 2d 632, 438 N.Y.S. 2d 130 (2d Dept. 1981); Wayne County Dept. of Soc. Serv. v. Schultz, 81 Misc. 2d 603, 366 N.Y.S. 2d 845 (Fam. Ct. Wayne County 1975).

Also a minor is considered emancipated if the following events have occurred:

1) He or she is married. Cochran v. Cochran, 196 N.Y. 86, 89 N.E. 470 (1909); Matter of Williams,
106 Misc. 2d 280, 431 N.Y.S. 2d 334 (Fam. Ct. Monroe County 1980); Bach v. Long Island Jewish Hospital,
49 Misc. 2d 207, 267 N.Y.S. 2d 289 (Sup. Ct. Nassau County 1966).

2) He or she is in the armed services. Zuckerman v. Zuckerman, 154 A.D. 2d 666, 546 N.Y.S. 2d 666
(2d Dept. 1989); Fauser v. Fauser, 50 Misc. 2d 601, 271, N.Y.S. 2d 59 (Fam. Ct. Nassau County 1966).

3) He or she has established a home and is financially independent. Roe v. Doe, 29 N.Y.2d 188,
272 N.E.2d 567, 324 N.Y.S.2d 71 (1971); Knoll v. Kilcher, 100 A.D. 2d 686, 473 N.Y.S. 2d 887
(3rd Dept. 1984); Giovagnioli v. Ft. Orange, 133 N.Y.S. 92 (3rd Dept. 1911); Rosemary v. George,
103 Misc.2d 1036, 427 N.Y.S.2d 553 (Fam. Ct. Dutchess County 1980); Bickford v. Bickford,
83 Misc. 2d 571, 371 N.Y.S. 2d 782 (Fam. Ct. Schenectady County 1975).

4) His or her parent has failed to fulfill parental support obligations and the minor seeks emancipation.
Gittleman, 81 A.D. 2d 632, 438 N.Y.S. 2d 130; Murphy v. Murphy, 206 Misc. 2d 228, 133 N.Y.S. 2d 796
(Sup. Ct. Broome County 1954).

 

[sosad53]

NYS-I want to thank the people who have answered me.
First, during one of my daughter's running away episodes when she was 17, she landed in the hospital for one week. I proved that she had false identification that made her 18. I was not allowed to know anything of her condition because of her 'rights.' However, I was told that I would be responsible for her bill because she was a minor!!! When I went to the hospital with the proper identification she had refused to see me. I had proof of a psych evaluation that diagnosed her with oppositional-defiant disorder. Still, I could not get involved in her care because she was considered 'semi-emancipated.' As the hospital management stated: she had a job and had been supporting herself for at least 3 weeks. I called the Police. There was nothing they could do. I have tried to get help for her through the Courts with no success. After stealing from me the first time and pleading guilty she was placed on probation for 3 yrs. through Criminal Court. She's stolen from me again. She'll do time if she messes up (per the Judge during the first conviction.) She has been caught shop lifting. I need to be loosed from this mess. I cannot afford being sued due to her inappropriate behavior. This continuous ordeal is tearing me apart.

 

[rmet4nzkx]

All of the surrounding states have 18 as the age of majority, if you can't get her emancipated or delared incorribible move to one of the nearby states. With ODD you are in for your troubles as an adult the diagnosis will change to antisocial personality disorder.

 

[sosad53]

Who's emancipated?

Thanks for your advice. As a nurse I know what I'm dealing with.

 

[sosad53]

Who's Emancipated?

Me again...
Earlier you stated that I would have to have my daughter declared incorrigible. How do I go about doing that?

 

[rmet4nzkx]

Contact the law guardian's office, they may be able to help you, also anytime she comits a crime, report it.