Im 16 and since I got adopted but my dad gave his rights up even though he coulda won can I go live with him??
Thank you very much for the information. I now feel a bit more confident going into this. The information that you found was very helpful for me and hopefully will be during all of this. This is all new to me and every bit of information I get definitely helps. Thank you again. :)
Thank you very much for the information. I now feel a bit more confident going into this. The information that you found was very helpful for me and hopefully will be during all of this. This is all new to me and every bit of information I get definitely helps. Thank you again. :)
Here is what I found on another site when I googled the question of whether an emancipated minor in New York can sue for child support.
___________________________________________
Emancipation of Juveniles in New York State
There is NO official court process in New York State for a youth to be declared "emancipated". Unlike some other states, New York does not issue 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.
Support Obligation:
Children are deemed "emancipated" and parents no longer have an obligation to support them if children become economically independent of parents through employment, entry into military service, or marriage, and may also be deemed constructively emancipated if, without cause, they withdraw from parental control and supervision.
Under the "withdrawal from parental control doctrine," a child who is not financially self-sufficient may nevertheless be deemed emancipated so as to relieve the parents of their support obligation if he or she abandons the parental home without sufficient cause and refuses to comply with reasonable parental demands.
Where a child leaves home for good cause or with approval of the custodial parent, a child retains his/her right to support from their parent.
__________________________
So, clearly, what is going to happen is that the argument is going to hinge on whether or not your son had sufficient cause to abandon the parental home. Talk to your lawyer about what constitutes "sufficient cause" in the eyes of the court.
Good luck.
I hope someone sees this who lives in New York and has dealt with this exact situation, since every state's laws are so different. It seems logical that if your son moved out on his own accord (and given that it is legal for a 16-year-old to leave), he has essentially emancipated himself. (And therefore you shouldn't be forced to pay child support.) Sometimes the law follows logic, so try to stay hopeful. Anyway, your lawyer is obviously your best bet. I hope you hear from someone on this site too in the meantime.