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Pregnant and Disowned

Discussion in 'Emancipation Law' started by ARA.PIE, Aug 10, 2017.

  1. ARA.PIE

    ARA.PIE Law Topic Starter New Member

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    So I'm 16 going onto 17, I'm pregnant and my family disowned me. I'm currently living with my now fiance's(he's 19, we're two years apart) family as he is currently in Tech school for the military. I quit my job and only focusing my college classes, he takes care of the financial needs. Him and I have been together for almost 3 years and known each other for 6 years, marriage has always been on the table. To make things easier on us financially when I have the baby and him with the military, we want to get married asap. Would it be possible for me to get emancipated without my parents consent? If not what are my options? My fiance and I refuse to get rid of the child. My family wants nothing to do with me, they refuse to get in any contact with me, and we haven't talked since they kicked me out.
     
    Last edited: Aug 10, 2017
  2. army judge

    army judge Super Moderator

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    No.

    You are in need of more parental supervision, NOT less.

    You have been impregnated by a male adult.

    That adult is in the US Military, and can eventually be prosecuted for sexual assault related crimes upon a minor child, YOU.

    I suggest you contact a rape crisis center, a runaway teen center and get the help you and your child desperately deserve.

    You aren't aware of how what has been done to you in the name of love will one day impact your life in terrible ways, and the life of your child.

    Your parents can be prosecuted for neglecting and abandoning you.

    Civilized, responsible parents don't toss their children to the wolves like one might do putrefied meat because of its condition.

    Mom to be, you need help far beyond words you receive form the internet.
     
  3. ARA.PIE

    ARA.PIE Law Topic Starter New Member

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    We were beyond from reckless, we used protection and made sure to get the morning after pill. And wouldn't him and I be protected under the Romeo and Juliet Laws? If not can you explain why? My family and I have never been on the best terms, if anything his family has given me more parental guidance than my actual family. Are they able to step in, in anyway?
     
  4. army judge

    army judge Super Moderator

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    Pregnancy is but part of your problem.

    You're a chid, legally you can't consent to any sexual activity.

    You're not going to be in legal trouble, but carrying that baby to term has consequences you'll understand when it's too late.

    As suggested, you need to leave the home of your rapist.

    Lingering there will only allow more legal lightening to rain down upon your rapist.

    You need to speak to a rape counselor, a sexual abuse counselor, a runaway teenager counselor; this is too far out of control.

    Your parents will have to answer to their ridiculous decisions, as will the parents of your rapist.

    Both of those pairs of adults behaved like petulant children.

    Their behavior might find them being criminally prosecuted, along with the adult male who impregnated a child.

    I hope you reach out to some of the people I mentioned, or just go to the ER and talk to an ER intake nurse.
     
  5. cbg

    cbg Super Moderator

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    There is not a judge in the country who will emancipate a pregnant teenager, who has shown that she needs more parental supervision, not less. Nor does emancipation happen in violation of the parents' wishes. Finally, emancipation happens ONLY when the minor in question has shown a history of SELF- support. That means that YOU, with no help from your boyfriend or anyone else, are able to pay 100% of your own expenses to include but not limited to rent, utilities, food, clothing, medical care, insurance, transportation, staples, school fees and supplies, etc. etc. while still going to school and getting better than average grades. These are the legal requirements for emancipation, not irritating roadblocks that we're throwing out there to stymie you, so please don't come back with the but-what-if's and the accusations that we don't know you and how dare we judge. You do not qualify for emancipation in any state in the US, and the law is not going to make an exception for you because you like his family better than your own.
     
  6. mightymoose

    mightymoose Well-Known Member

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    He might be protected from prosecution for rape due to your ages, but there are other lesser crimes that would still apply. If he is in the military then his problems are even bigger.
     
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  7. army judge

    army judge Super Moderator

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    So true, my friend, and the consequences are staggering for offenders under the UCMJ.

    There will also be the lifetime sex offender registration, too.
     
  8. leslie82

    leslie82 Well-Known Member

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    No judge is going to approve this - you can become emancipated if you get married. You can't do that without parental consent until you turn 18 though. So if your family really doesn't want you, ask them to consent to you getting married. Because until you are married to this guy, he cannot claim you as a dependent and you will get zero benefits that dependents receive from their military spouse. He can claim the child as a dependent once there is one.
     
  9. leslie82

    leslie82 Well-Known Member

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    Actually the age of consent in South Carolina is 16 - so nothing illegal happened here. No statutory rape. In fact in South Carolina individuals who are 14 can consent to sex if their partner is 18 years old or younger. So it would do her no good to contact a rape crisis center because she wasn't raped unless he forced her at any time.
     
  10. army judge

    army judge Super Moderator

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    Sorry, I have no comment.

    Have yourself a blessed day.
     
  11. leslie82

    leslie82 Well-Known Member

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    Actually per Article 120 in UCMJ:

    A person cannot consent to sexual activity if they are:

    (A) under 16 years of age; or

    They might get some other charge if they really wanted to push it but I doubt they would especially if he marries her before he gets to his first unit. He's in tech school right now. She's almost 17 - so he can't be prosecuted under 120. If she was under 16 then yes. If he impregnated her in South Carolina that was legal too. If it was somewhere else...I don't know.
     
  12. leslie82

    leslie82 Well-Known Member

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    The age of consent is 16 in South Carolina so if you had sex in S Carolina then he won't be able to be charged - and it's the same in the military.

    You guys have bigger problems in the military life. I hope you realize what you're getting into...but if he's in tech school that means he's Air Force so that's not as bad.
     
  13. army judge

    army judge Super Moderator

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  14. leslie82

    leslie82 Well-Known Member

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    I can't open the first link right now.

    The second link:

    "If circumstances give jurisdiction to the federal government, then a federal age of consent of 18 usually applies instead. This brief report describes circumstances where that is the case, which have increased with recent changes in the law."

    "Major US federal laws governing sexual activity were passed in the PROTECT Act of 2003 and the Adam Walsh Act of 2006. An “age analysis” performed on these two laws was used to see what they say about persons below any particular age. This analysis looked for situations where these laws make some kind of sexual activity with a person below a certain age illegal, independent of or overriding any state laws under which it would be legal. Such situations are identified as establishing a federal age of sexual consent."

    "The analysis identified three such situations. In all three cases, the federal age of consent established is 18.
    Cross-border travel for sex. The PROTECT Act, §105(a)(b), establishes an age of consent of 18 for travel into or out of the country or between states for the purpose of a sexual encounter. If a person lives in a state where the age of sexual consent is, for example, 16 and is dating a 16- or 17-year-old in another state where the age of consent is also 16, that would violate this federal law, even though any particular activity the two people may engage in would be legal in both their states.
    This law also makes it illegal for a foreign married couple in which one or both spouses is under 18 to honeymoon in the United States! The law does not apply to a foreign visitor who leaves the United States in order to have a sexual encounter with a juvenile elsewhere.
    Sex outside the country. The PROTECT Act, §105(a)(c), modified the law against "sex tourism" and establishes an age of consent of 18 for Americans engaging in any sexual encounter outside the USA. Thus, even in places where it is legal and socially acceptable for an adult to date an adolescent, an American doing so is subject to prosecution for it by the US government. There is no exception for marriage, so an American of any age marrying anyone under 18 in another country, even with the blessings of the parents and with a legitimate marriage license from the local jurisdiction, is breaking this law.
    Pornography. The PROTECT Act, § 503, makes it a federal crime to make (or possess or post online, etc.) sexy photos or videos that include a person under 18, even if under the relevant state law any activity depicted is legal and even if the photos or videos are made (or possessed or posted, etc.) by the juvenile(s) depicted in them. This essentially establishes a federal age of consent of 18 with respect to being photographed in a sexual context. Where the state age of consent is lower, this creates the irony that photographing a legal act can now be illegal.
    This law creates federal jurisdiction for virtually any occurrence of child pornography in the US by covering anything that was made using materials that crossed a state or national border. The crimes defined require the making of an image; they do not apply to sex acts that are not recorded. "

    I don't see that any of these things apply to this case. It seems that based on your source that usually it gets into federal jurisdiction in these three types of cases.

    I don't think random 16 going on 17 year old who is pregnant in a state where the age of consent is 16 is going to reach a federal level. Unless her boyfriend has nude photos of her...no one is going after him for knocking up a 16 year old. Not even the military especially if he wasn't in the military when she got pregnant. I still see nothing that shows he committed any kind of rape, statutory or forced, nor did anything illegal happen here.

    I wouldn't recommend any teenager gets married especially at 16 or 17 but it's not my life. Not my kid. Her family doesn't want her. She's probably better off marrying him quite honestly.
     
  15. ARA.PIE

    ARA.PIE Law Topic Starter New Member

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    Thank you for your answers, I find yours alot more helpful than Army Judge. I've contacted an attorney and he says My fiance and I will be perfectly fine, and with my academic records (Honors student, currently in college, along with another full ride scholarship lined whenever I finished next school year, I have also talked to the school about the pregnancy and they are working with me through the process. ) He says legally, morally and financially it would be best for him and I to marry. I can get emancipated without parental consent, as long as I can prove he can financially support me and his family officially gives the "hey we're letting her live here."
     
  16. army judge

    army judge Super Moderator

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    I can't tell you how many times I've heard an angry teen utter that line.

    When the parents give their side of the story, the parents never said they didn't want the kid.

    The parents didn't want the negative unruly behaviors: not attending school; prowling the streets until 0300, 0400, or even 0600; promiscuous, risky sexual behavior; abuse of drugs; consuming alcoholic beverages; disrespectful speech towards family members; criminal behavior; excessive traffic violations; stealing the family auto; stealing money from family members; bringing unsavory characters into the family home; disruptive, antisocial behavior at school; etc...

    Parents rarely boot miscreant teens.

    Booting the kid could get the parents in legal hot water, and cause them to lose their better behaved children.

    Parents need only go to any juvenile court and have the child declared "incorrigible", or petition the court to initiate a "CHINS" proceeding, thereby moving the child towards becoming a ward of the state.

    Sure, the parent is often required to pay support for the child to the state, but need no longer worry about thefts of goods and money.

    In some states, the parent isn't required to pay support to the state.

    At any case, when a kid says, "Mom threw me out."

    I always take it with a 25 pound bag of rock salt.

    Its so much easier to have th court declare the kid incorrigible, delinquent, or proceed with "CHINS".

    Parents aren't dumb.

    Teen cubs aren't dumb either, they're just not as smart as mama or daddy bear.
     
  17. cbg

    cbg Super Moderator

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    I can get emancipated without parental consent, as long as I can prove he can financially support me and his family officially gives the "hey we're letting her live here."

    AND a juvenile court judge agrees. AND you can prove to that juvenile court judge that you are SELF-supporting.

    Don't take my word for it. Look up the law yourself.
     
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  18. leslie82

    leslie82 Well-Known Member

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    All we have is her side so that's all I can give an answer on. Maybe it's true. Maybe it's not. I don't know.

    "Parents rarely boot miscreant teens." I don't know where you have your source for that.

    If she's telling the truth they might as well just consent for her to get married - she'd probably be better off with that then being a "ward of the state" for a year and a half.

    Just because she's pregnant at 16 doesn't mean she's doing all those other things you mentioned. It only takes once (my ex husband found that out with his oldest son). We had a girl senior year of high school was pregnant. She was the last person we thought would get knocked up.
     
  19. leslie82

    leslie82 Well-Known Member

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  20. ARA.PIE

    ARA.PIE Law Topic Starter New Member

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    Him and I have known each other for over 6 years, and dated for 2 1/2 years. marriage was already on the table before knowing I was pregnant, however plan was wait for me to get my associates and Diploma (I'm in an early college program). Since the pregnancy, we just decided to speed it up. We love each other very much.
     

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