Q: Would marrying at 17 without consent in New York cause emancipation?
If I were to get married at 17 in New York State without parental consent, would I be considered legally emancipated from my parents? I currently live with my mother, who is not supportive of the marriage, and I want to become independent. I also have a stay-away order against my father. What legal steps should I consider?
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A:
We cannot provide particularized legal advice as to what legal steps the asker can or cannot take. We can educate to an extent. We will assume the asker is female.
The concept of emancipation involves an economic switch from drawing support from one man to drawing support from another man. Pre-emancipation, ordinarily across this nation, the father supports his child. Upon marriage, the child's support switches to the husband. Emancipation happens at the moment of marriage.
The asker's problem is that no New York clerk can issue a marriage license to anyone under 18 years of age without parental consent. No consent, no license to marry. The asker must then either wait, or convince the recalcitrant parent that marriage is a great option (unless the parent is losing three years of child support from the non-custodial parent).
A: In New York: If you are 17 years old, you need your parent's consent.
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