Emancipation/custody issue

Question

I turned 15, on June 25th of this year. My sister, turned 18 on May 25th of this year. My dad and got into a fight and he slammed my head into his car window while we were driving, i got a picture of the mark. My sister would like to know, if at all possible she could get custody of me. I have been in trouble with the law before, like i ran away twice and such. My sister has a stable job, and she supports herself. My father got custody of me when i was 13, from my mom who dated a guy who beat me.. Is there any way my sister could get custody of me? We live in New York, as well.

Answer 1

She could attempt to get custody of you from your dad, but she is going to have to show a steady income that will be able to support her as well as you and be a positive role model.  You will also have to prove why it is bad for you to live with your father.  

I think at 15 you are going to have a hard case to prove for emancipation...  you can't even have a job at 15 unless you get a worker's permit or do it illegally.  On emancipation you can't say your sister will support you because you will be seen as one person and not your sister supporting you.

Answer 2

I seriously think that the courts would have a problem with an 18 yr old having custody of a 15 yr old.  She barely knows how to take care of herself much less you.  And how stable of a job can an 18 yr old high school dropout have and that would also be able to support the both of you?  How about going back to mom?  Is she still with the boyfriend?  Did you ever contact the police about the alleged assault you describe?

Answer 3

Your sister can try to get costudy of you but it might be a bit difficult, though you can always try. Even if your sister has never been in trouble with the law she is young and if your dad can prove he is a better care provider then she can be you would not go with her, unless you could prove he is abusive, and then CPS (Child Protective Services) would take you and put you with a selective family member.

If you took the road of Emancipation you still could live with your sister, but i don't know to much about that all i know is you would have to follow these criteria:

1. You are at least 14 years of age

2. You willingly want to live separate and apart from your parents with the consent or acquiescence of your parents. (Your parents do not object to you living apart from them.)

3. You can manage your finances.

4. You have a source of income that does not come from any illegal activity

5. Emancipation would not be contrary to your best interests; it is good for you.

But you must remember if you become Emancipated you are a legal adult and must take responsibility for all actions you commit. And you must be a very mature person to do this, because emancipation takes away your living at home, free food, free water, free power, free everything you don't pay for, so you must be ready for it.

Good Luck, And I Wish You The Best!!!!

Future_GOP_President