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Pregnant and Disowned

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

  1. army judge

    army judge Super Moderator

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    My years as a Texas District Court Judge and the family law cases I couldn't pawn off on my judicial colleagues.

    I never served on County Court, which also serves as Juvenile Court in many Texas counties.


    Oh the stories I could tell.
     
  2. army judge

    army judge Super Moderator

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    The Uniform Marriage and Divorce Act, which was drafted in 1970 and adopted by most states in some form, established the following provisions (which are mostly followed today):

    Set presumptive age of marital consent at 18;
    Allow 16- and 17-year-old to get married with parental consent; and
    Allow those younger than 16 to get married with parental consent and a court order


    Today, the presumptive age of marital consent is 18 in nearly all states.


    South Carolina = The age of consent is sixteen. With parental consent, males and females may marry at a younger age and younger parties may receive a license by reason of pregnancy or the birth of a child. Common law marriage is recognized.



    The exceptions are Mississippi (21) and Nebraska (19).

    See Marriage Requirement Basics:
    Marriage Requirements Basics: Consent, Age, and Capacity - FindLaw Consent, Age, and Capacity to learn more.


    SC Marital Laws

    Code of Laws - Title 20 - Chapter 1 - Marriage
     
  3. cbg

    cbg Super Moderator

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    None of which changes the fact that at 16, to be either married or emancipated, you need parental permission, judicial permission, or both.
     
  4. mightymoose

    mightymoose Moderator

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    This is a common misconception.
    While rape or sexual misconduct laws may not apply, other lesser offenses still do. We also can't assume these two had no sexual contact before she was 16.
     
  5. mightymoose

    mightymoose Moderator

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    You should talk to a couple other attorneys and compare responses. If you are nearly 17 now you would be nearly 18 before you were emancipated even if it was a possibility. Your only realistic option if you choose to marry is to get parental consent.
    If your boyfriend were speaking to attorneys he would get two options: find a way to marry immediately, or get away as fast as you can.
     
  6. mightymoose

    mightymoose Moderator

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    You will be lucky if law enforcement never learns you are pregnant. Teachers, counselors, doctors and many others are mandated by law to report certain things to police or child services.
    You say you have already spoken to some of these people about your problem so I would expect you will have contact with police or social services before too long.
    Social services will be more interested in your family situation and making sure you receive adequate care during your pregnancy.
    Police will look for any issues of abandonment or neglect regarding your parents and will certainly investigate the circumstances of your pregnancy.
    I have done enough of these investigations that I can reasonably expect certain things to have occurred during the time you have dated this man. Based on the information you provide here I suspect there would be sufficient information available to support several misdemeanors and possibly a felony.
    If I began an investigation with the information you have already provided I would expect to make an arrest.
     
  7. army judge

    army judge Super Moderator

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    For the disbelievers, it's known as jailbait for a very good reason.

    If you do things to it, it'll land you in jail or prison, and you'll bear the burden of registering and reporting as a sex offender regularly, along with reporting requirements.

    You're also not allowed to live near places where children congregate.

    You'll also find yourself omitted from many job opportunities.

    Don't get involved with children THAT WAY, or even close to THAT WAY.

    Breaking their laws is never worth the price you pay for years, maybe until the day you assume room temperature.
     
  8. leslie82

    leslie82 Well-Known Member

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    There's no proof of anything before she was 16 though. I said there's nothing illegal as in no statutory rape. Sorry I should have written that better. The only proof they have is her pregnancy right now. She's 16. She can consent to sex. I really don't see the police going into this especially IF it's true her family has no interest in her and the boyfriend's family is taking care of her.
     
  9. leslie82

    leslie82 Well-Known Member

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    Okay in Texas. That's not everywhere.
     
  10. mightymoose

    mightymoose Moderator

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    Only a lazy police officer would not look deeper into this. Obtaining the information necessary to support a conviction, if that information exists, would not be very difficult.
    Kids are dumb and they love to talk.
     
    army judge likes this.
  11. ARA.PIE

    ARA.PIE Law Topic Starter New Member

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    So I can assure we didn't have any sexual contact before I was 16. Unless kisses count.
     
  12. army judge

    army judge Super Moderator

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    Here it is dear readers, the "denial".
     
  13. ARA.PIE

    ARA.PIE Law Topic Starter New Member

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    What do you mean denial? Again I can assure you him and I have not done anything before I was 16. Again unless you consider kisses and hugs.
     
  14. mightymoose

    mightymoose Moderator

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    That still does not mean he didn't commit an illegal act. At the very minimum there is the catch all of contributing to the delinquency of a minor, which you are- a delinquent minor.
     
  15. ARA.PIE

    ARA.PIE Law Topic Starter New Member

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    Can you further explain please?
     
  16. zddoodah

    zddoodah Well-Known Member

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    Not sure what you mean by this (beyond your statement that your "family wants nothing to do with" you). The term "disown" is typically used in reference to a situation in which a parent, in his/her will, does not provide for a child to receive anything.

    Unlikely. South Carolina does not appear to have an emancipation law, but it might be possible. In most states, emancipation requires parental consent and a demonstrable ability to provide for oneself without assistance from anyone else. You don't appear to have either of those things.

    Options for what? Getting married? If your parents won't consent to you getting married, you'll have to wait until you're 18.

    As it happens, South Carolina has extremely permissive statutory rape laws, so this isn't actually an issue. Whether he faces any consequences under military law is something about which I have no information.
     
  17. zddoodah

    zddoodah Well-Known Member

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    Sure we can. More importantly, the chances that anyone could prove they did are infinitessimal.

    The chances that this ever comes across the desk of anyone in law enforcement are also awfully slim.
     

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