17 y/o Pregnant, automatic emanicpation..

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CatieNole

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My brother's 17 year old girlfriend is pregnant. She wants to start living with us, but her mom is against it. My brother is afraid that her mother will call the cops if she starts living with my parents.

Now that she is pregnant is she of "legal" age to make her own decsions?
 
Getting pregnant as a minor is NOT a responsible act. Behaving irresponsibly does NOT automatically grant you emancipation.

Unless mom and dad agree to this arrangement, she is still subject to the rules of her parents. Period. Even if ...

This appears to be the text of the law ... and getting pregnant is not likely to be considered sufficient reason for a court to grant emancipation. If anything, it shows the need for GREATER supervision, not less.

743.015 Disabilities of nonage; removal. (1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor's natural or legal guardian or, if there is none, by a guardian ad litem.

(2) The petition shall contain the following information:

(a) The name, address, residence, and date of birth of the minor.

(b) The name, address, and current location of each of the minor's parents, if known.

(c) The name, date of birth, custody, and location of any children born to the minor.

(d) A statement of the minor's character, habits, education, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met.

(e) Whether the minor is a party to or the subject of a pending judicial proceeding in this state or any other jurisdiction, or the subject of a judicial order of any description issued in connection with such pending judicial proceeding.

(f) A statement of the reason why the court should remove the disabilities of nonage.

(3) If the petition is filed by the natural or legal guardian, the court must appoint an attorney ad litem for the minor child, and the minor child shall be brought before the court to determine if the interest of the minor will be fully protected by the removal of disabilities of nonage. The attorney ad litem shall represent the child in all related proceedings.

(4) If the petition is filed by the guardian ad litem or next friend, service of process must be perfected on the natural parents.

(5) If both parents are not jointly petitioning the court for the removal of the disabilities of nonage of the minor, service of process must be made upon the nonpetitioning parent. Constructive service of process may be used, provided the petitioning parent makes an actual, diligent search to discover the location of, and provide notice to, the nonpetitioning parent.

(6) The court shall consider the petition and receive such evidence as it deems necessary to rule on the petition. If the court determines that removal of the disabilities of nonage is in the minor's best interest, it shall enter an order to that effect. An order removing the disabilities of nonage shall have the effect of giving the minor the status of an adult for purposes of all criminal and civil laws of the state, and shall authorize the minor thereafter to exercise all of the rights and responsibilities of persons who are 18 years of age or older.

(7) The court shall consider the petition and, if satisfied that the removal of the disabilities is in the minor's best interest, shall remove the disabilities of nonage; and shall authorize the minor to perform all acts that the minor could do if he or she were 18 years of age.

(8) The judgment shall be recorded in the county in which the minor resides, and a certified copy shall be received as evidence of the removal of disabilities of nonage for all matters in all courts. ​
Her best bet will be to wait until she is 18. Unfortunately, she now gets to play grown up before she is ready ... this is usually a bad thing for all involved. I pray she - and the child - will overcome this inauspicious beginning.
 
CatieNole said:
My brother's 17 year old girlfriend is pregnant. She wants to start living with us, but her mom is against it. My brother is afraid that her mother will call the cops if she starts living with my parents.

Now that she is pregnant is she of "legal" age to make her own decsions?
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No, that would still be 18 years of age. Her mom still has the right to make those decisions for her. Your brother is correct that the mom can make trouble if her daughter moves in with your family.

Can you imagine pregnant 14 or 15 year olds being allowed to make decisions like that simply because they're pregnant?
 
An 18 yr old having sex with a 17 yr old is not a crime i dont think in any state. Pregnancy does not emancipate. She is still a minor until she is 18.
 
Duranie said:
An 18 yr old having sex with a 17 yr old is not a crime i dont think in any state.
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Well ... as a note, in California it is. It is a misdemeanor per 261.5 PC.

Our "Romeo and Juliet" law (though it is not referred to as such here) has a three year difference that makes the difference between a felony and a misdemeanor but does not make it legal until both parties are 18+
 
The age of consent is 18 in quite a few states, actually. There may or may not be "Romeo and Juliet" statutes in some of them, but even there it doesn't necessarily mean that it is not a crime, only that the closeness in age can be used as an affirmative defense.

However, that is beside the point to the poster's question.

There is NO state where pregnancy automatically provides legal emancipation. Medical emancipation, yes; the pregnant minor, with the help of her doctor, can make her own decisions about her health care and that of her baby (this is primarily to ensure that she cannot be forced to abort, or prohibited from aborting). However, it not only does not provide legal emancipation, it makes it more or less certain that she just kissed legal emancipation prior to her 18th birthday goodbye. It's hard enough to qualify to emancipation - if you've also got a child to support it's pretty much impossible unless you spend your spare time as an extra in the Harry Potter movies.
 
Just some info you. The age of consent in FL is 18 however the way the stat rape laws are written he will not likely be charged with that. don't get excited because the lewd acts with a minor law would apply and could get him 10 tens in big boy jail (Prison)

Now in FL in order to emancipate a teen, which is near impossible the teens parents must file the petition. Pregnancy does not emancipate a teen otherwise they would all be getting knocked up:yes:
 
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