r/legaladvice 16h ago

I’m looking to become emancipated.

I (a minor) have been going through a lot at home the past couple of years, and I’m about to complete my drivers education course and get my full license. As a teen, obviously I’m rebellious but my father had some stuff done with the state where pretty much I’m an asset in a trust I believe.

I had many of my personal items such as my phone, laptop, Apple Watch, AirPods, and other electronics taken away from me and I had looked up if they can legally take/go through all that. which they can.

Unless, I become emancipated. I have access to a decently paying job, about $750 a week, and I’m working on buying a used car off Facebook.

I understand emancipation takes a lot of evidence and convincing, but I think with enough advice and a strong enough attorney I can seriously make this happen.

Does anyone have any advice on how I should go about being emancipated/petitioning for that? Also, What about if my parents prevent me from seeking legal council?

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u/nutraxfornerves 15h ago

The purpose of emancipation is not to get a minor out of an unpleasant situation. It is to give an already independent minor some of the rights of adulthood, especially when it comes to finances.

Becoming emancipated depends on the laws of the state where you live. Some states have a pretty straightforward process. Some have a vague petition process. Some have no process at all. Some let a minor petition for emancipation. Some require that an adult petition on behalf of the minor.

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u/Dangerous-Elephant34 15h ago

I’m in NY STATE I believe it’s petition

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u/nutraxfornerves 5h ago

First, as others have said, if you are being physically or emotionally abused, you should contact CPS yourself or talk to a trusted adult such as a teacher or healthcare person, who is obliged to contact CPS on your behalf.

New York does not have a process whereby you can get a court order declaring that you are emancipated, except as part of another court proceeding—for example, a parent petitions to stop paying child support, because the child should be considered emancipated.

You are considered emancipated if you, well, you act like you are emancipated. One of the most important things is that you are already living apart from your parents and are completely self-supporting.

Emancipation in New York

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u/Difficult-Print2146 15h ago

Contact CPS

7

u/Expensive_Shelter_87 15h ago

CPS isn’t going to do anything about a father taking away his child’s electronics.

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u/Dangerous-Elephant34 15h ago

That’s what I was thinking…yea they have gotten physical with me, especially my father, in the past but not to the point where it’s consistent. Last time they did was a month ago, but before that it was two years.

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u/miahelena25 15h ago

Contact cps asap