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  #1  
Old 01-16-2010, 05:26 AM
miya miya is offline
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Post Can you please give me legal advice!!!

Hi, Im 16 years old living in Al. in the 11th grade. I just recently had a child on the 7th of Jan. The other day my mother call the cops and forced me to come to her house. she wanted my baby to come to but i told her no, so I left my child with his father going on 2 days now. I have not been living with my mother for 3 years now. She only was apart of my pregnancy for 3 months; over the summer. Im seeking to be emancipated from her so i can continue to be enrolled at Bryant High where i have maintained A's and B's this year, so i can finish my nursing classes, so my child wont have to be separted from both his parents, so i can continue my life and better it for me and my son. I have been staying with someone else for three years which my mother has allowed. I was planning on moving in with my boyfriend since i have had the baby so we both could continue to get an education and so that we have support from his family. is being emancipated from her possible?

Last edited by miya; 01-16-2010 at 05:55 AM. Reason: Can you please give me legal advice?
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  #2  
Old 01-16-2010, 06:39 AM
aardvarc aardvarc is offline
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No court anywhere will emancipate a minor who has gotten pregnant. Not one. Having children when still a child yourself tells the court that you need much MORE parental supervision, not less. Emancipation is intended for minors who, through no fault of their own, have had to support themselves, and have a proven history of doing so. Self support means that you're not depending on someone else to put a roof over your head, food in your stomach, keep the power on, etc. As you have a child, you'd need to show you could support yourself AND your child, on your income, and your income alone. Living with someone else, unless you are paying them a monthly amount equal to what you'd pay for rent, water, utilities, cable, internet access, insurance, food, diapers, health insurance for yourself and your child and all the necessities of life, without aid from friends, family, baby daddy, or social service programs, AND can document that you've earned enough to cover those amounts, won't count. And even IF you had the income to cover all of that for yourself and your child, AND could provide documentation to the court, no court is about to emancipate a minor to go live with the man who got them pregnant in the first place. It's just not going to happen.

At 18, you can do as you please - until then, mom has total control. Now that you've gotten pregnant, she'll have the courts on her side. If mom allows you to live with someone else, then that's all well and good, but at any moment, for no reason at all, mom can demand that you return home, and she'll have the courts on her side.
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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

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Old 01-16-2010, 06:47 AM
miya miya is offline
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What if i didnt stay with the father of my child but i wanted to continue living where i have been for the last 3 years.
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Old 01-16-2010, 09:01 AM
aardvarc aardvarc is offline
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As long as mom agrees, you can most certainly do that. If mom says "no", getting pregnant ended any possibility of fighting it.
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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org
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  #5  
Old 01-18-2010, 05:49 PM
moderator moderator is offline
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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