Teen Parents Rights

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Sudoku243

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Jurisdiction
Pennsylvania
I am 17 years old with a son. I'm currently living in the state of Pennsylvania. My question is concerning my rights and responsibilities to my son. Here is my situation:
I currently live at home with my parents. My girlfriend and I had a baby boy 4 months ago. We love him, and have stepped up to take care of him, and both have an excellent support system in place to help. My parents have decided to move across the country to California for a new job opprotunity. Obviously, I want to stay here in PA and take care of my son. My girlfriend and I both understand that we would have no chance to get emancipated. I don't want to be a part time father and only see my son a few weeks a year. I have a responsibility to be there for my son, help raise him, and be a steady, consistent part of his life. I want those responsibilities. Do I have any rights as a father to tell my parents that I want to remain a father and not be forced to move? I have family here I can stay with, I have a part time job, and will be graduating high school next year. Can my parents actually force me to leave my son behind?
 
I am 17 years old with a son. I'm currently living in the state of Pennsylvania. My question is concerning my rights and responsibilities to my son. Here is my situation:
I currently live at home with my parents. My girlfriend and I had a baby boy 4 months ago. We love him, and have stepped up to take care of him, and both have an excellent support system in place to help. My parents have decided to move across the country to California for a new job opprotunity. Obviously, I want to stay here in PA and take care of my son. My girlfriend and I both understand that we would have no chance to get emancipated. I don't want to be a part time father and only see my son a few weeks a year. I have a responsibility to be there for my son, help raise him, and be a steady, consistent part of his life. I want those responsibilities. Do I have any rights as a father to tell my parents that I want to remain a father and not be forced to move? I have family here I can stay with, I have a part time job, and will be graduating high school next year. Can my parents actually force me to leave my son behind?

Having a child born out of wedlock as a male confers no rights upon you by the birth of such a child.

First and foremost, ALL parental rights are vested in the birth mother of EVERY child born out of wedlock.

You, young sir, are a minor.

If you wish to establish paternity, you'll have to do so through the court system.

Once you've legally established paternity, not simply proclaimed paternity, you must then request the court order you visitation and child support.

Sorry, but until one second after midnight on the day of your 18th year of life, you're free to live wherever you choose.

Until that magical, mystical day arrives, you do what your mother and father dictate.


A teenage mother has COMPLETE AND FULL parental rights when her baby is born.

Such does not translate to custody in Pennsylvania.

If the underage father acknowledges paternity, he also has full parental rights, but no custody. Only a court order, or the fact that the parents were married at the time of birth, establishes custody.

Unless at least one of those two circumstances exists, custody of a baby born to teen parents is usually "de facto." This is a legal way of saying, "It is what it is."

The custody arrangement is informal and, in practice, not backed by a court order. If the baby goes home from the hospital with mom, mom has de facto custody. If mom lives with the baby's father, he also has de facto custody. If they're married, they each have legal and physical custody of the baby by virtue of their marriage.

Either parent can, and BOTH should file motions with the court to establish custody and have it memorialized via a court order.

However, when a parent is younger than 18, Pennsylvania law requires she do so with the help of an adult.

The adult acts as the minor's guardian and signs all documents on behalf of said minor.

Why?

Our courts don't recognize legal incompetents, aka minors.

The law doesn't require the guardian, however, to be the teen's parent. This person can be any interested adult over the age of 18.

A teen mother has an automatic right to petition for custody, but a father does not. He must first establish his paternity if the parents were not married when the baby was born.

He can sign an acknowledgment of paternity at the time of the birth and Pennsylvania's Department of Vital Records will issue a birth certificate naming him as the father. Alternatively, he can file a petition with the court, asking the judge to order a genetic test to prove his paternity. After paternity is established, he can file for custody, but he must also use a guardian.

Those are the applicable laws in PA, son.

Life's not as simple as people believe.
Life doesn't happen, lad, crap does!!!


055 Pa. Code § 187.23. Requirements.
 
Can my parents actually force me to leave my son behind?

Your parents can force you to move to California. Whether you leave your son behind is between you and the child's mother.
 
Unfortunately your child is not like an anchor baby and for good reason. As a minor you're really not in a good position to be caring for others. This is why a parent is charged with the responsibility of caring for a minor. And even if you had a place to stay locally, legally your parents are still responsible for your necessities. If it all sounds so practical, why wouldn't your parents allow you to stay back in Pennsylvania and, instead, prefer to separate you from your girlfriend and son? There is probably more going on here which may be coming into play. You'll need to navigate those waters rather than relying upon the presence of a child to keep you rooted to your present place of abode. Good luck.
 
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