Rochester, NY asked in Family Law for New York

Q: I am 25, my girlfriend is 17. I have my own apartment. Is she able to run away, TO me legally? Will she be forced home?

What are our options to remove her LEGALLY from an abusive home (abusive physically/ mentally/ verbally/ emotionally (verifiable)), and get her LEGALLY placed permanently in my own home which is clean, bills paid, etc..?

She will be 18 in april. She is in danger at her current legal residence. That can't happen. Not on my watch. What can we/I do legally?

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1 Lawyer Answer
Mary Katherine Brown
Mary Katherine Brown
Answered
  • Brooklyn, NY
  • Licensed in New York

A: It is hard to answer your question because in New York, the age of consent is 17, but the age of majority is 21, and an otherwise competent 18 year old is considered legally responsible. She can become "emancipated" prior to age 18, which means she is no longer in the custody and control of her parents, but there is no specific "process" for that; however, New York Law recognizes the status of emancipation and the rights of emancipated minors. To determine whether a young person is emancipated, the following factors are critical:

The youth must be living apart from his/her parents;

The youth must be self supporting (may be receiving public benefits or child support if required by court order);

The youth is not in need/receipt of foster care;

The youth is living beyond the custody and control of the parent;

The youth is over the age of 16.

You can browse around the following website for more information: www.empirestatecoalition.org

Good luck!

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