I am 15 and I had a baby boy three months ago.

[Jaxon's Mommy]

What is the name of your state (only U.S. law)?

 

[quincy]

What is the name of your state (only U.S. law)?

Jaxon's Mommy, your state name and your legal question did not post, probably as a result of the "preview post" feature on this site that has been malfunctioning and deleting posts upon submission.

You can add content to your original post by using the "edit post" feature or you can "reply to thread" and add your question and state name that way.

Thanks.

 

[cbg]

If by any chance the question is, how do I move out of the house with my child and move in with my boyfriend, or if it relates in any way to emancipation, the answer to your question is, you don't and you can't.

 

[quincy]

If by any chance the question is, how do I move out of the house with my child and move in with my boyfriend, or if it relates in any way to emancipation, the answer to your question is, you don't and you can't.

Well ... that is not true for all states or all circumstances.

First, it is important to know the name of the state. Is Jaxon's Mommy even in the U.S.? Is Jaxon's Mommy married?

 

[cbg]

At 15? If she were already married, she wouldn't need to ask the question (which, granted, she hasn't yet). But there is no state in the US where a 15 year old can be married without parental permission, permission of the court, or both. There is likewise only one state where a 15 year old can be emancipated at all, and a 15 year old with a child isn't going to qualify in that state unless she was an extra in one of the Harry Potter or Hunger Games movies and has a WHOLE lot of money saved up. And maybe not even then.

If she is in the US and she is 15, she lives where Mom and Dad says she lives. At 17, you might have an argument in some states. Maybe even at 16, though that's not too likely either. But at 15? C'mon, Q, you know I'm right.

 

[quincy]

At 15? If she were already married, she wouldn't need to ask the question (which, granted, she hasn't yet). But there is no state in the US where a 15 year old can be married without parental permission, permission of the court, or both. There is likewise only one state where a 15 year old can be emancipated at all, and a 15 year old with a child isn't going to qualify in that state unless she was an extra in one of the Harry Potter or Hunger Games movies and has a WHOLE lot of money saved up. And maybe not even then.

If she is in the US and she is 15, she lives where Mom and Dad says she lives. At 17, you might have an argument in some states. Maybe even at 16, though that's not too likely either. But at 15? C'mon, Q, you know I'm right.

I have bolded the problem. We do not yet have a question to answer. Right now all we know is that somewhere in the world there is a 15 year old with a baby.

In the U.S., there are a handful of states where by statute a 15 year old (or even a 13 or 14 year old) can marry. In your state, there is no statutory minimum age for marriage. I agree that parental consent and/or judicial consent will be necessary for such a marriage but I never said or implied differently.

The "you don't and you can't" for emancipation is not accurate, in other words. A 15 year old could. But it depends on facts of which there seems to be a dearth.

 

[cbg]

As far as emancipation goes, no. 49 states will not emancipate a 15 year old under any circumstances whatsoever. Yes, I have researched that. The 50th will under extremely limited situations, which almost certainly do not apply based on the (admittedly) very few facts we have.

 

[quincy]

As far as emancipation goes, no. 49 states will not emancipate a 15 year old under any circumstances whatsoever. Yes, I have researched that. The 50th will under extremely limited situations, which almost certainly do not apply based on the (admittedly) very few facts we have.

An emancipation of a minor simply means that the parents have surrendered the right to the care, custody and earnings of the child and there is a renunciation of parental duties. This can be done through the marriage of the minor with the consent of the parent(s) and/or court. A 15 year old can be emancipated (as can, in some states, a 13 or 14 year old).

Here is a NOLO link to Emancipation of Minors: http://www.nolo.com/legal-encyclopedia/emancipation-of-minors-32237.html

We do not know what the issue is in this thread. There are all sorts of possibilities based strictly on the title of the thread.

 

[cbg]

You're wrong, Q, but I'm not going to debate it any more.

 

[quincy]

You're wrong, Q, but I'm not going to debate it any more.

I don't mind not debating this any more, but read the NOLO link and then see if I am wrong or right.

 

[cbg]

There is only one state listed in that link, and it is the one that I have already acknowledged does not prohibit emancipation of a 15 year old.

 

[quincy]

There is only one state listed in that link, and it is the one that I have already acknowledged does not prohibit emancipation of a 15 year old.

Do some more reading. There are at least 15 states that allow for emancipation at age 15 and at least 4 states that allow for emancipation at age 14 and at least one state that allows for emancipation at age 13 (I have not looked at all states). Some states require both parental consent and judicial consent, whereas some states require only one (parental consent) or the other (judicial consent).

But the circumstances under which emancipation is sought (like marriage, pregnancy, child birth, abuse) matter in all states.

 

[cbg]

I think I see where we are going off the rails.

You are counting states that have not yet struck off the books the laws that allow for very early marriages, and are including marriage under emancipation. I am talking only about those states where an unmarried minor can go into court and come out emancipated. You are including situations where the parents have given permission; I am going by the very good odds that if a 15 year old is coming to a message board and announces that she has a child, IF her question has to do with leaving home (which I acknowledge we do not actually know) she is not asking because she has permission - she is asking because she wants to find a way to do so despite not having permission. My state is one of the ones that still has those laws on the books and is one of the most liberal states in the US, but there hasn't been a 13 or 14 year old married in this state, with or without parental permission, for a very long time. Sorry, Q, I love and respect you, but to include that as "proof" that a 13 or 14 year old can be married or emancipated in this state just doesn't fly.

 

[quincy]

I think I see where we are going off the rails.

You are counting states that have not yet struck off the books the laws that allow for very early marriages, and are including marriage under emancipation. I am talking only about those states where an unmarried minor can go into court and come out emancipated. You are including situations where the parents have given permission; I am going by the very good odds that if a 15 year old is coming to a message board and announces that she has a child, IF her question has to do with leaving home (which I acknowledge we do not actually know) she is not asking because she has permission - she is asking because she wants to find a way to do so despite not having permission. My state is one of the ones that still has those laws on the books and is one of the most liberal states in the US, but there hasn't been a 13 or 14 year old married in this state, with or without parental permission, for a very long time. Sorry, Q, I love and respect you, but to include that as "proof" that a 13 or 14 year old can be married or emancipated in this state just doesn't fly.

My objection to your earlier post was the: "if it relates in any way to emancipation, the answer is, you don't and you can't." That statement is incorrect because, as it relates to emancipation, a 15 year old can become emancipated (as could a 13 or 14 year old, depending on the state and the circumstances).

A marriage at that age will require parental consent and/or judicial consent but, in those states that allow for a 15 year old to marry with consent, once married the 15 year old becomes emancipated. A marriage with its resulting emancipation of the minor becomes more likely in cases where the minor is pregnant or has a baby.

I agree, based solely on the type of posts we get on this forum, the odds are good that the question-not-asked has to do with leaving home with the baby to live with the boyfriend. BUT, the question-not-asked could also have to do with visitation rights, grandparent rights, privacy rights ... in fact, there are so many possibilities other than emancipation that it seems a waste of time to address all or any of them.

To me, it seems smarter to wait for an actual question from Jaxon's Mommy and the identification of the state involved ... although as time passes, it seems less likely that we will get either one.


(love and respect you, too, cbg )

 

[HighwayMan]

To me, it seems smarter to wait for an actual question from Jaxon's Mommy and the identification of the state involved ... although as time passes, it seems less likely that we will get either one.

You took the words right out of my mouth, as they say.