Teens getting custody of themselves....

My daughters boyfriend is interested in obatining legal custody of himself. He is 17 and will be 18 in Sept 2001. He and my daughter have a son, 2 months old.

When we found out that my daughter was pregnant, we also found that she and her boyfriend, Bobby had contracted genital warts. My daughter has been treated and he wants to be treated, but his mother (who he does not live with, he lives with Grandmother)will not let him go to the Dr to receive treatment. He went to an outpatient clinic here in town and they gave him the prescription, but it costs over $100, and he is only working part-time and helps buy things for his son.

He also needs to go to the Dentist, but his mother refuses to make him an appt. She has insurance on him, but will not let him have an insurance card. She receives child support from Bobby's father, but he does not see any of the money. She does not support him in any way. The grandmother does it all.

Does he have any legal rights?? Can he get custody of himself, so that he can get his own insurance?

I have grown fond of this boy and consider him to be a part of my family, after all he is the father of my grandson, and want to help him. I am going to pay for the prescription that he needs and he is going to pay me back a little at a time. I am also going to pay for his dental visit, so that he can get his cavities filled. I would like to do more for him, but I am a single parent raising 2 kids and helping with a grandchild.

Does anyone have any advice for this boy? It is so tempting to turn this woman in for medical neglect.

Thanks, Joyce Wagner
Henderson, KY

Originally posted by jawagner33
My daughters boyfriend is interested in obatining legal custody of himself. He is 17 and will be 18 in Sept 2001. He and my daughter have a son, 2 months old.

When we found out that my daughter was pregnant, we also found that she and her boyfriend, Bobby had contracted genital warts. My daughter has been treated and he wants to be treated, but his mother (who he does not live with, he lives with Grandmother)will not let him go to the Dr to receive treatment. He went to an outpatient clinic here in town and they gave him the prescription, but it costs over $100, and he is only working part-time and helps buy things for his son.

He also needs to go to the Dentist, but his mother refuses to make him an appt. She has insurance on him, but will not let him have an insurance card. She receives child support from Bobby's father, but he does not see any of the money. She does not support him in any way. The grandmother does it all.

Does he have any legal rights?? Can he get custody of himself, so that he can get his own insurance?

I have grown fond of this boy and consider him to be a part of my family, after all he is the father of my grandson, and want to help him. I am going to pay for the prescription that he needs and he is going to pay me back a little at a time. I am also going to pay for his dental visit, so that he can get his cavities filled. I would like to do more for him, but I am a single parent raising 2 kids and helping with a grandchild.

Does anyone have any advice for this boy? It is so tempting to turn this woman in for medical neglect.

Thanks, Joyce Wagner
Henderson, KY

Turn the mother in for neglect. Any child regardless of age is entitled to the medical coverage. If you pay for it, then you may want to go turn to the mother for reimbursement.

[I AM ALWAYS LIABLE]

My response:

I have a little bit of a different "take" on this matter.

I fully understand your thoughts and concerns about the boy, and the fact that he is the father of your grandson. However, let's not forget that he is still a "minor".

In that regard, you have no authority to have someone else touch him; e.g., a doctor, dentist or otherwise, unless there is a true, immediate, emergency.

If his mother wanted to, she could have you arrested for "assault and battery" upon her son, even though you are not the one actually "touching" him. If you "authorize", procure, or aid a dentist, or other healthcare provider to "touch" the boy, absent an emergency, without the consent and authority of the parent, you may be opening yourself up to Civil and Criminal liability.

Also, from my research of Kentucky law, I have found that Kentucky has no statutes or provisions of "Emancipation of Minors". The best I was able to locate are the laws concerning "Termination of Parental Rights", which may not apply in this situation.

Your best course of action would be to either obtain the consent and authority from the parent, or report the parent for the obvious neglect of the boy.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-21-2001 at 01:25 PM]

[LegalBeagle]

and what about Bobby's father.. where is he in all this ?