EMANCIPATED MINORS

I hear from a lot of teenagers - I'm 16, I want to be emancipated, can't stand my parents anymore. Perhaps inspired by Irreconcilable Differences, a 1984 American comedy-drama film starring Ryan O'Neal, Shelley Long, and Drew Barrymore where Drew Barrymore has decided to divorce her parents and have her nanny appointed as Casey's guardian.

But to be clear - And this is according to NYcourts.gov: There is NO official court process in New York State for a youth to be declared "emancipated". What Drew Barrymore did in the movie was to commence a guardianship proceeding. Unlike some other states, New York does not have so-called "emancipation orders." A determination of emancipation is "ancillary" to some other proceeding. That means that as part of another proceeding a finding may be made that a youth is emancipated, but only with regards to that particular proceeding. For example, the filing of a support petition in Family Court may result in an order declaring a youth to be emancipated, but only with respect to a party's obligation to support the youth.

1. Under 21: Parents are liable for support, subject to the child's obeying reasonable rules and regulations of the household.

2. Under 18: Parents are subject to Family Court jurisdiction for neglecting the child's support needs or for abusing the child.

3. Under 18: The child is subject to Family Court jurisdiction as a Person In Need of Supervision if she/he fails to obey the reasonable rules and regulations of the household, such as by running away or being otherwise incorrigible.

For answers to specific questions regarding your rights and/or obligations as an "emancipated" minor, or his/her parent, you should consult your lawyer.