Family Do we have the legal right to disown our parents and avoid them even out of rebellion if they didn't do anything heinous?

Business 2 views 4 answers
http://www.attorneyqna.com/legal-answers/is-this-harassment-im-18-and-my-parents-are-standi-657480.html?answer_id=1079732&ref=notification_menu#answer_1079732 "If your parents did something heinous, you have the legal right to disown them, and avoid them, but moving out on the night you turn 18 with a one line note, seems more like an act of rebellion."

Attorney Answers

4
Inna FershteynTrusts AttorneyBrooklyn, NY ·
Unfortunately yes, as much as it pains me to tell you that. It's called Estate Planning - do a trust and its all possible. Call my office for more information and make an appointment for consultation. Ms. Fershteyn is licensed to practice law throughout the state of NY and NJ with offices in Kings County. Her phone number is 718-333-2394 and her email address is [email protected]. Her website for more articles is www.advanced-legal.com
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Jeffrey Gold ·
You do
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Jody N. GerberDivorce / Separation LawyerNew York, NY ·
If you are under 18 you could file to have yourself emancipated and no longer be under your parent's control. Of course they would no longer be obligated to support you.
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Jane Hughes ·
From strictly a family law position in New York State, the court does not have jurisdiction to determine custody of a person who is 18 years or older, so emancipation would have to be petitioned for prior to 18. Do understand that once you seek emancipation, you lose all rights to support which under New York law, you are qualified to receive until age 21. My advice is to be careful of making a decision in anger and do a cost benefit analysis before commening any legal matter that would forfeit your rights. Also, because there is a rule against making someone a ward of the state, or in a position to require social services, it is unlikely that a court will emanicpate you without a significant showing of abuse or neglect on the part of your parents. Then the proper forum is to have the county file a neglect case against your parents. Once that is filed, however, the county will look for an Article 6 custodian for you so that you don't enter the foster care system. You can always seek to have another adult seek guardianship in either Surrogate or Family Court against your parents, but they would have to file and would have control over your person and/or property.
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