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Can a Teenage Parent be Emancipated?

Discussion in 'Emancipation Law' started by leslie82, Aug 11, 2018.

  1. leslie82

    leslie82 Law Topic Starter Well-Known Member

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    Someone posted in this mom's group asking if there was any state where parental consent wasn't required to get married...and someone replied about emancipation. They said that in some states a teenager who gives birth can get emancipated and swears she has a friend who lived in a neighboring state (I don't know which one she won't say) who was able to " sign school papers for themselves, could move out without parenr permission, etc" while she was a teen mom who couldn't even go to a doctor appointment by herself.

    I can't find any state that allows emancipation for a teenage mother. I feel like her friend did something else. All I see about emancipation is marriage, joining the military in some states allows the person to be emancipated and then the usual questions on here about emancipation. But everything I can find says that it usually makes no sense to emancipate a teenage parent because they usually still depend on their parents but marriage is different because the spouse becomes responsible.

    Is there a state that allows a teenager who has a child to be emancipated?
     
  2. army judge

    army judge Super Moderator

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    If a child appears at the high school (or the district) where my wife is the principal and identifies as a "HARP" student (Homeless Awareness Response Program) https://www.killeenisd.org/UserFiles/files/HomelessProgramOverview.pdf , the school accepts whatever the student represents and enrolls the person.

    That means they've enrolled 25 year olds posing as 17 year olds, or illegal aliens posing as citizens or Green Card holders, etc...

    When the truth is known, IF it is ever known, the person is prosecuted.

    They've even had women posing as men, and men posing as women.

    So, I suppose the person making the claims relates a somewhat truthful story, which doesn't necessarily support the underlying claim.


    States where emancipation is possible:

    Emancipation of minors - laws

    It is possible to become emancipated without going through a complicated court process, but the options are limited and require a parent or legal guardian's permission. In some states, if you get married before reaching the age of majority, you may become emancipated without a court's permission.

    How Do You Get Emancipated? - FindLaw

    If a state does not have a specific emancipation statute or even a procedural rule, the court may act as the primary arbiter of cases involving a minor's claim to emancipated legal status. Emancipation on the basis of judicial decree requires a petition. The petitioner is typically one of three kinds of legal personage: a minor, a parent of a minor or a next friend/guardian ad litem. Most states require that adults petition the court, although emancipation is a right extended to children. In most instances, a petitioner must file a petition for emancipation with a county or a probate court, as these courts have jurisdiction over matters concerning juveniles and children. A petition of emancipation must be accompanied by evidence of surrounding circumstances and conduct demonstrated by parents, minors, or both, that contradicts and invalidates the common legal understanding that exists with regard to the rights and responsibilities of parents to children and vice-versa. Prior to and now complimentary of emancipation statutes regulating the emancipation of minors, the common law serves as the legal basis upon which such cases are decided.
     
  3. mightymoose

    mightymoose Well-Known Member

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    Any chance this tete mim was 18?
    If so then she could do those things and emancipation is not necessary.
    No state is going to allow emancipation simply because a child was born. That is actually a good reason to deny emancipation.
     
  4. KatDini

    KatDini Well-Known Member

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    That would depend on the state - there are a few where the age of majority is 19 or greater.
     
  5. cbg

    cbg Super Moderator

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    There is NO state where pregnancy or giving birth provides legal emancipation. Medical emancipation yes. Legal emancipation no.

    In fact, since having a child means that it will be much more expensive for a minor to support herself and her baby, pregnancy/giving birth pretty much guarantees that legal emancipation will not happen.

    It's also indicative that more parental supervision, not less, is required.
     
  6. leslie82

    leslie82 Law Topic Starter Well-Known Member

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    The person who posted said her friend was underage like her when she had a kid. Everything I could find said that having a child as a teenager does not emancipate a child - only marriage, military service would do so or if they go through the emancipation process. The woman didn't ever say what state her friend lived in.
     
  7. leslie82

    leslie82 Law Topic Starter Well-Known Member

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    That's what I kept saying and posting things from online but she swears up and down it happened but didn't tell me what state the girl lived in. These mom groups...I swear some of the things posted...when it comes to custody things I tell them go find a lawyer because no one in the group is going to give you a legit answer.
     
  8. cbg

    cbg Super Moderator

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    She may or may not know someone who was emancipated, but if she does I can promise you that there was more to the court finding in favor of the emancipation than her getting pregnant.

    What's more likely is that she doesn't know what actually happened and is making assumptions.
     
  9. zddoodah

    zddoodah Well-Known Member

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    No state allows for the emancipation of a child for the sole reason that the child has a child of his/her own.
     
  10. leslie82

    leslie82 Law Topic Starter Well-Known Member

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    That's what I told her and then she got all pissy. I haven't seen any more comments on that thread since then - and I've had to ask the admin there to re-add me 3 times because she thinks she has a rogue moderator who is deleting people to get them to come to their group.
     

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