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  • Emancipation and Ages for Moving Out

Is a 17-year-old considered legally emancipated once she has a child?

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βˆ™ 2011-12-29 01:39:37

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No.

Pregnancy or having a child does not confer automatic emancipation upon a minor.

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Emancipation ends the parents' rights to control his or her minor child or to participate in any decision-making about the child. If a child is emancipated, the parents no longer have the right to determine where the child lives or goes to school, or how the child's money is spent. The parent also has no right to the minor's wages or earnings.

The emancipated child's parents, in some situations, also would be relieved of certain responsibilities. For example, the parents would no longer be required to pay child support. The parents also would no longer remain responsible for harm that their minor child causes to other people or property. Because the parents no longer are responsible for damages the minor child causes, the minor could be sued personally and held responsible for damages s/he causes.

While emancipation relieves both the parent and child from certain obligations, the minor must still follow the law. For instance, even if s/he is emancipated, the child still cannot drive until age 16, and must attend school through his or her 16th birthday. An emancipated minor still cannot vote until age 18, and cannot purchase or consume alcohol until age 21. Also, gaining emancipated status will not allow a minor to remove himself or herself from undesired services of the Department of Social Services.

There is no formal procedure in Massachusetts for a child to become emancipated from his/her parents. Most judges will not grant a child emancipated status. However, a child may still file for emancipation in the Probate and Family Court of his or her county despite the lack of a formal procedure. In rare situations where a judge is convinced that emancipation is in the best interest of the minor and that the parents are not using it to get out of paying child support, the judge may grant emancipation.

Even if the child cannot be emancipated, s/he still may have options to live elsewhere, and may have independent rights. Remember that a minor does not have to be emancipated in order to receive welfare from the state, to consent to certain medical procedures, or to obtain an abortion. http://www.clcm.org/minors_rights.htm

Is a minor emancipated if he or she enlists in the military?

In some states, enlisting in the military is enough to allow a minor to make many decisions on his or her own, as an emancipated minor would

Is a minor emancipated if he or she gets married?

In some states marriage is sufficient to allow a minor to make many decisions on his or her own, as an emancipated minor would some states you can get marrie at at 16 if you are a resident of that state it does not count if you live in a state where marrage at 18 and go to a state where you can marrie at 16 the marrage can be null invoid

Is a minor emancipated if he or she has a child?

In some states if you can finantually take care of your self (have a JOB) then yes, but if you cant then (No) If a minor has a child, he/she can consent to medical treatment for himself/herself and the child, but he or she is not otherwise considered emancipated. read up on your state laws - even if you can take care of your self finantually you may still have to go through legal aid or cps for help!

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What if a minor is pregnant?

Unlike marriage, getting pregnant and having children does not mean that a minor is emancipated. The reasoning is that when a minor marries the spouse (rather than the parents) will support the minor. By contrast in most cases, a minor who is pregnant (or recently gave birth) will continue to depend on parents or legal guardians for financial support.

In Maryland there are exceptions to this general rule.

A pregnant female over age 16 is "emancipated with respect to matters concerning the pregnancy" (In re. Smith 16 Md. App. 209,295, A.2d 238 (1972)). This means that she has the right to control her own decisions about her pregnancy. This includes decisions about pre-natal care and abortion. Another exception would be if a minor moves out of a parent's house and set up housekeeping with the child's father, a friend, or partner. Depending on overall circumstances, this may show that s/he intends to be free from the parent's custody, control and support.

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2011-12-29 01:39:37
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Related Questions

Can a girl who is 17 emancipated and has a child get married without parents permission in Missouri?

Emancipation means the child is considered legally an adult. Yes.


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Sorry, but having a child doesn't make one legally an adult.


Is an 18 year old child considered emancipated?

That depends on the 18 Y.O.s geographic location. In the United States, an 18 Y.O. is legally an adult, and therefore, emancipated.


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What are the laws for emancipation in Virginia when married and have a child?

If you are legally married you are normally considered to be emancipated. There are exceptions, but marriage and joining the armed forces are considered emancipating events. Note that having a child does not affect the question.


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There are times when a child prefers to be on their own and asks to be emancipated. When a child is legally emancipated, you are finally free from a support obligation.


Is a child legally emancipated after graduation?

I believe a child is legally emanicipated after graduation. usually the child is around 17 or 18 years old. it is then considered grown. i think children who are in difficult families should be able to emanicipate themselves at 17 anyway.


Is a 17 year old considered legally emancipated once she has a child?

Bearing a child does not make one 18 years old. They are still a minor and live where the parents say.


Is a parent legally responsible for a married minor child?

No, once they are married they are emancipated.


Can a 17 year old mother and her child legally move away from her parents' home in Illinois?

A 17 year old mother is considered emancipated and thereby can legally make the decision to move away from her parents home with her child.


Can an emancipated teenager living other adults get child support?

In general, emancipated children are not eligible for child support - they are considered adults.


Is a 16-year-old considered legally emancipated in Texas once she has a child?

Being pregnant does not emancipate a minor. It does give them certain rights in regards to providing for the welfare of their child.


In Pennsylvania can you move out once you have a child?

Having a child does not emancipate you. You must still be 18 or legally emancipated to move out.


If you have a kid are you considered an adult in the state of North Carolina?

The ability to have a child has no bearing on whether you are an adult. You must be 18 or have been legally emancipated by a court order or marriage.


Can a emancipated child receive money from a deceased parents life insurance?

An emancipated child is considered an adult. They are entitled to receive any benefits assigned to them. If they are not emancipated, the money will go into a trust for them.


In Georgia at what age can a child refuse to go with a custodial parent?

i think 18. But you can get legally emancipated, which basically is you signing papers so you are no longer under their supervision and they are not responsible for you. You can get legally emancipated at 16 i think..


If you are 17 with a child are you legally emancipated in Indiana?

as far as I know you must file for legal emansipation


If you are under the age of 18 and have a child are you legally emancipated?

In the US, no. Becoming a parent is not an emancipating event.


What age is a child considered a minor in WA state?

Any person under the age of 18, unless legally emancipated by the courts, is deemed a minor. See link below:


Is a person an adult if they have a child at 16yrs?

No they are not legally an adult and emancipated until they are at least 18 (older in some states), married or emancipated by the court. Having a child emancipates you to make decisions for your child and medical decisions for yourself.


Are legally emancipated if you have a child at seventeen in Indiana?

No, you are not emancipated. Having a child does not mean one has the ability to take care of yourself. You do have certain rights as to obtaining assistance for you and your child, but you are still the responsibility of your parents until you turn 18.


What does it mean if a child is emancipated?

When a child is emancipated they are legally freed from parental control. The parents, in turn, are freed of their legal responsibility for the acts of the child. Emancipation also prevents a parent from having control over the child's income.


If you have a child does that legally emancipate you in Georgia?

No. You are a minor with a child. Nothing more nothing less. To be emancipated you need to prove to a judge that you can support yourself and your child.