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Juvenile Law The law pertaining to minors and juvenile court.

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Old 05-01-2008, 01:47 AM
IPromise IPromise is offline
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Post Emancipated Due To Marriage At Age 16
My question involves juvenile and family law in the State of: Arkansas
Minor's parents divorced, mother awarded custody and remarried. Minor's mother was killed in an automobile accident.
Minor moved in with her father and her brother, her father paid all her expense's (including health and medical insurance).
Father signed papers for minor to marry at the age of 16. Her father canceled her medical insurance after she married.
Approx. 1 month after marriage minor left her spouse's residence (his "fixed" address is the same as his mother's, he is disabilied) She returned only to leave again after 3 days.
Spouse has offered no support and despite minor's attempt to reunite with him has made it VERY clear he does not want to be married to her, and even has a 14/15 year old girlfriend. No legal separation papers or divorce papers have been filed and he does not intend on paying or filing for one: He will sign them though.
With exception to a few months in which she returned to her father's residence the minor has lived with a friend and her mother. During which time, has not recieved ANY support from her father and has had little to no contact.
It is almost impossible for her to write or call her father. Her letters never reach him (her brother makes sure of this.) If at anytime, something that requires his responsiblity to her in reference to his been her parent, especially legal or health matter, he is unreachable: Leaving message with work or other family member or even by means of calling a cell number is pointless. Basically, her father has not made legal attempts to force the minor to remain in his residence. He is well aware as to her address and phone number, he does not call write or visit.
The minor has attended classes and is awaiting necessary documents to take the GED test.
She has several medical problems but has not filed for any type of SSI or disablitity. Her friend's mother suggested the minor apply for Arkansas medicaid when the minor had to be treated in the ER for breathing problems associated with asthma. She contacted the local Social Service's and assisted the minor with her application. The minor now has ARKIDs health coverage and the case file in in her name only.
She has not been able to find employment or even a landlord who will rent to her due to her age. She has tried to get a job, even part time and wants to work full time, get a driver's license, car and her own place. In other words, she does have a plan for her future. She has encountered several obstacles and was told she must be emanipated.
I know the above information is detailed and very long, I need an informed answer to my question.
Under the circumstances described above, does the parent have to consent to Emancipation?

BTW. The minor is 6 months away from her 18th birthday. She will be filing divorce papers at that time.
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Old 05-01-2008, 01:39 PM
Xena Xena is offline
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Join Date: Jul 2006
Location: Florida
Posts: 2,371
Default Re: Emancipated Due To Marriage At Age 16
Quoting IPromise
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My question involves juvenile and family law in the State of: Arkansas
Minor's parents divorced, mother awarded custody and remarried. Minor's mother was killed in an automobile accident.
Minor moved in with her father and her brother, her father paid all her expense's (including health and medical insurance).
Father signed papers for minor to marry at the age of 16. Her father canceled her medical insurance after she married.
Approx. 1 month after marriage minor left her spouse's residence (his "fixed" address is the same as his mother's, he is disabilied) She returned only to leave again after 3 days.
Spouse has offered no support and despite minor's attempt to reunite with him has made it VERY clear he does not want to be married to her, and even has a 14/15 year old girlfriend. No legal separation papers or divorce papers have been filed and he does not intend on paying or filing for one: He will sign them though.
With exception to a few months in which she returned to her father's residence the minor has lived with a friend and her mother. During which time, has not recieved ANY support from her father and has had little to no contact.
It is almost impossible for her to write or call her father. Her letters never reach him (her brother makes sure of this.) If at anytime, something that requires his responsiblity to her in reference to his been her parent, especially legal or health matter, he is unreachable: Leaving message with work or other family member or even by means of calling a cell number is pointless. Basically, her father has not made legal attempts to force the minor to remain in his residence. He is well aware as to her address and phone number, he does not call write or visit.
The minor has attended classes and is awaiting necessary documents to take the GED test.
She has several medical problems but has not filed for any type of SSI or disablitity. Her friend's mother suggested the minor apply for Arkansas medicaid when the minor had to be treated in the ER for breathing problems associated with asthma. She contacted the local Social Service's and assisted the minor with her application. The minor now has ARKIDs health coverage and the case file in in her name only.
She has not been able to find employment or even a landlord who will rent to her due to her age. She has tried to get a job, even part time and wants to work full time, get a driver's license, car and her own place. In other words, she does have a plan for her future. She has encountered several obstacles and was told she must be emanipated.
I know the above information is detailed and very long, I need an informed answer to my question.
Under the circumstances described above, does the parent have to consent to Emancipation?

BTW. The minor is 6 months away from her 18th birthday. She will be filing divorce papers at that time.
When the minor married, her father's responsibilty to support her ended. At this time he does not have to support her, nor insure her. He also is not under a legal obligation to contact her at all.

When she married, she became emancipated. The minor should get a consult with a local attorney to find out if a divorce will affect her imancipation status.
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Old 05-01-2008, 01:45 PM
panther10758
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Default Re: Emancipated Due To Marriage At Age 16
I suspect it will which means minor reverts back to parental care. However as Xena suggests she should contact an Attorney to be sure
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