Minor children (under the age of 18) are generally subject to the control and decision-making of their parents or legal guardians until they reach the age of majority (generally 18-19). This means that minor children are not able to override the decisions of their parents on life matters such as where the child lives, whether the child can leave the house on Friday night, whether the child can get married, and whether the child can work outside the home. And the law does not consider minor children able to enter into legally enforceable contracts.
But many states allow for a minor child to become emancipated and assume the responsibilities of adulthood under limited circumstances—usually beginning at age 16-17. Minor emancipation laws vary from state to state, and the process is usually initiated by filing a lawsuit “to remove the disabilities of minority.”
In New York, the age of majority is 18, at which point individuals are considered adults for most legal purposes. Until reaching this age, minors are under the legal authority of their parents or guardians, who make decisions regarding their residence, social activities, marriage, and employment. Minors cannot legally enter into binding contracts without parental consent. However, New York does recognize the concept of emancipation, which allows minors to gain legal independence before reaching the age of majority. Emancipation in New York can occur through circumstances such as marriage, military service, or by a court order. To be emancipated by a court, a minor typically must demonstrate financial independence and the ability to support themselves. The process involves filing a petition in court, and the court must find that emancipation is in the best interest of the minor. The minimum age for seeking emancipation is not explicitly set by statute in New York, but cases generally involve minors who are at least 16 years old.