16yr old daughter marries, what happens with NCP visitation? State of PA

[concernedmom08]

A little background...I'm a non-custodial mother, my teen daughter lives in PA with Dad, I live in the state of LA...we just went to court in January to update all the visitation up to the time that my daughter turns 18. I have been planning a visit up to PA in Oct. and in the order I have to give CP 30 days notice of visit, my daughter wrote me back and said that she was "emancipated" and by law she is an adult and says she will refuse to visit with me if I go up there. I was suspicious and called the court in Berks county and found out that she indeed married her 17yr old boyfriend on the evening of the 23rd. She was able to get her Dad to sign for her as her boyfriends mother signed as well. Question 1----Is marriage an actual "emancipation"? Question 2---If she is "emancipated" from me, what happens with the court orders for visitation? Question 3---Can she emancipate from the NCP but not the CP? Question 4---Does my daughter and her husband still have to attend high school?

 

[irish223]

Question 1----Is marriage an actual "emancipation"?

Generally, yes it is.

Question 2---If she is "emancipated" from me, what happens with the court orders for visitation?

Since she is emancipated, custody and visitation orders no longer apply. However, a court order may be needed to legally terminate. The same goes for child support, and a court order is definitely needed to terminate that.

Question 3---Can she emancipate from the NCP but not the CP?

No. Emancipated is emancipated.

Question 4---Does my daughter and her husband still have to attend high school?

Good question. In Pennsylvania, I believe the law states that minors must stay in school until the age of 17; however, since they are no longer considered minors, the law may not apply. I really don't know. Sorry.

With all that said, it seems there may be some gray areas regarding emancipation in Pennsylvania. Here are some links with additional information for you. I would suggest that you consult a PA lawyer about your rights in this case, since one site stated that each county in PA handles emancipation in its own way.

http://prose.wiki.zoho.com/Emancipation-of-Minors.html
http://www.deltabravo.net/custody/emancipate1.php

in Berks County Children and Youth Services v. Rowan, 428 Pa. Super. 448, 631 A.2d 615 (1993), the court admitted that a minor's marriage weighs heavily in favor of a finding of emancipation, but such marriage is not dispositive, as a matter of law, that the child is emancipated. The court held that since the minor child had separated from her husband and was in need of support, she was not emancipated, and the minor's parents were thus obligated to pay for their child's custody and care.

 

[jacksgal]

I am wondering how legal the marriage is. I presum you still have legal rights to child as well as Dad. I also presume you were not told of the pending marriage. How did Dad get around your signature not being on the ok to get license? This could be fraud and you "might" have valid reason to seek anullment. Dont take my word for consult an Attorney