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  1. #1
    Join Date
    Jan 2012
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    Default If My Daughter Becomes Emancipated Can She Take My Granddaughter

    My question involves juvenile law in the State of: Oklahoma

    My daughter was 15 when she got pregnant and gave birth to my granddaughter. The baby's father is not in the picture. My husband and daughter have been fighting ever since she got pregnant and my granddaughter is now 5 months old. I have packed the kids and left and I have also made him leave. Every time we reconcile things go good for a while then we catch her in another lie or she doesn't come home on time or she wants to go out. This always starts another fight. She and my husband fight then he and I fight because I feel I have to be her voice even if she is wrong. Our house has been very stressful and I want all of us to have peace and work things out.

    Tonight I was in her room looking for a movie to watch when I found a book on the floor with house rules from a friend of my daughter's mom. She recently left her husband and left her 16-year-old daughter with us to move in with her boyfriend. She just told her daughter she could move in with them when they get settled in. But when I turned the page there was a list of all the things my daughter is taking because apparently the other daughter's mom told her she could move in too and get emancipated because my husband and I have felonies from our younger days. We have been clean and sober for years and I have put my B.A. in counseling job aside to care for my granddaughter so my daughter can finish school.

    I guess my question is this: Can she emancipate us due to our past? And if so, can she take my granddaughter with her? The Choctaw tribe I am going through to get child support from the baby's father told me until my daughter turns 18 I am the custodial parent of both of them. I desperately need legal advice. Please help!

  2. #2
    Join Date
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    Default Re: If My Daughter Wants to Be Emancipated Can She Take My Granddaughter

    There is absolutely NO way the State will emancipate a minor who has a child. And really - your background is of absolutely no consequence

    You are also NOT the custodial parent of your grandchild. However - this is according to State law, not Tribal law.

    You will need to consult an attorney familiar with Tribal law if that's who actually has jurisdiction.

    (And even if the State would, this does not - in your state - mean that the child can live outside of the home without parental consent.... )
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Jan 2012
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    Default Re: If My Daughter Wants to Be Emancipated Can She Take My Granddaughter

    I just found out from my daughter that she has already consulted the tribe and they told her they will take me to court and I am the custodial parent of my grandchild according to the tribe. I learned this when I went to fill out the paperwork for child support. I guess I will have to contact the tribe. She even gave me the name of the person to contact. They will pay for the funding to take me to court on her behalf and since I am still on probation for my DUI it could get me in a lot of trouble because she will tell them I am violating my probation. But if it is through the tribe and my probation is through the state I wonder if they can use the information. I am not in trouble through the tribe, only the state. Can they share information or should I just contact the person she got her information through?

  4. #4
    Join Date
    Sep 2011
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    OH10
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    Default Re: If My Daughter Wants to Be Emancipated Can She Take My Granddaughter

    It sounds like your daughter has chosen to destroy her own life. She has been screwing up yours in an attempt to do so. At her age, with a dependent, I would consider any available options to dump her, before she causes irreparable harm to your life. I think this is only the second time I have considered writing a kid off as a waste being a good choice.

  5. #5
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    Default Re: If My Daughter Wants to Be Emancipated Can She Take My Granddaughter

    I'm going to be brutally honest.

    I think your daughter is either gravely mistaken, or flat out lying to you, in order to get her way. I have found nothing indicating that a grandparent automatically has custody of their minor child's child in ANY tribal jurisdiction, but, we're not experts on Tribal law here (though I will say that what I have found indicates the exact opposite - parental rights, even those of minors, are absolutely protected by Tribal law).

    You should speak with an attorney familiar with Tribal law in your state. I honestly can't help but think you're being taken for a ride, I'm afraid.

    I'm also not seeing where you're violating probation NOR am I seeing that even if you were, it would help her emancipate. I'll explain more about that if you wish
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: If My Daughter Wants to Be Emancipated Can She Take My Granddaughter

    This is state law, not tribal law. And don't think for a minute that state law doesn't count here.

    1.) Oklahoma will not emancipate a 15 year old. Although the statute does not prohibit such an emancipation (it refers to "a minor under the age of 18" without putting a floor on it), the reality is that it's simply not going to happen.

    2.) The odds that a minor who has already has a child qualifying for emancipation in ANY state are so low I don't know how to calculate them.

    3.) In NO state is "the parents of the minor have felonies in their past" a valid reason to emancipate a teen.

    4.) In Oklahoma, an emancipated minor has exactly one right that an unemancipated minor does not have - the right to sign a contract. An emancipated minor in OK does NOT have the right to leave home against her parents' wishes.

    5.) Even in states where an emancipated minor does have the right to move out, she still has to show that she has the ability to be completely self-supporting. That does NOT mean moving in with a friend or a friend's family, who will then support her. That's not what emancipation means.

  7. #7
    Join Date
    Jan 2012
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    Default Re: If My Daughter Wants to Be Emancipated Can She Take My Granddaughter

    Thank you so much! I didn't sleep all night because I was so afraid. She told me she had the name and number at the tribe that told her this. I plan on calling him first thing tomorrow morning. I also would not be surprised if I am being taken for a ride as she has lied to my face on numerous occasions. When I called the tribal child support to figure out how to fill out the paperwork I was confused on the very first question which was "Name of Custodial parent". They answered this: "You are the custodial parent of both minors until the mother reaches 18. That is why there is another section to fill that asks 'biological parent and relation to you.'" This is why I was under that impression. The whole thing is so stressful and confusing. Once again, thank you so much for your answers.

  8. #8
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: If My Daughter Becomes Emancipated Can She Take My Granddaughter

    That may be the case under tribal law. It is not the case under state law. I'm not discounting tribal law but don't you discount state law, either. Unless you live on tribal lands, the state is very much a part of this.

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