Where there any prior orders of custody or visitation issued in Florida? If no, then if you've been living in NY for more than 6 months, your father can file for custody here. Then if he wins custody (which he should), he can then make that call. In any event, you and/or your father are encouraged to call a NYC Child Custody lawyer to schedule a follow-up consultation.
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You can declare emancipated and move out, however if your mother objects then you may have to stay under her custody until you turn 18 years old (age of majority).
From the Unified Court System website:
In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.
A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands.
See the web site below for some information on emancipation:
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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