Q: Can my daughter move out at 17 with out dads consent?
She wants to live with mom and is scared to go back to dads cause of abuse
A:
In New York, the legal age of majority (when a child is considered an adult) is 18. However, the situation you described involves several complex issues, particularly around child custody and potential abuse. Here are some key points to consider:
Child Custody Agreement: If there is a formal custody agreement in place, both parents are expected to abide by it. If your daughter leaves her father's home to live with you without his consent, this could potentially be a violation of the custody agreement.
Emancipation: In some cases, minors can be legally emancipated before the age of 18, which would allow them to make decisions about their living situation independently. However, emancipation is a legal process that involves the court and is typically used in situations where a minor is self-supporting and living independently.
Allegations of Abuse: If there are allegations of abuse, this is a serious matter that should be addressed immediately. If your daughter feels unsafe, it is important to take steps to protect her. This may involve contacting child protective services, law enforcement, or seeking a protective order.
Modifying the Custody Agreement: If the current custody arrangement is no longer in the best interests of your daughter due to allegations of abuse or other changes in circumstances, you may need to go to court to have the custody order modified. The court will always consider the best interests of the child in these decisions.
Legal Age for Choosing Living Arrangements: While a child is generally under the custody of their parents until 18, courts may give considerable weight to a child’s preference at 17, especially if there are concerns about their welfare.
Consult with a Family Law Attorney: Given the complexity of these issues, it is advisable to consult with a family law attorney. They can provide guidance based on the specifics of your situation, including how to address the abuse allegations and modify the custody agreement if necessary.
Immediate Safety: If your daughter is in immediate danger, ensure her safety first and foremost. This may involve removing her from the situation and then seeking legal advice on how to proceed.
In summary, while your daughter is still a minor under New York law, there are legal pathways to address her desire to change her living situation, especially in the context of abuse. Legal guidance is essential to navigate this situation while ensuring her safety and best interests.
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