15-Year-Old Wants to Marry Baby's Father

My question involves marriage law for the State of: Louisiana. Because of our mother's death last month (in Arkansas), I was given guardianship (arkansas courts) of my 15 yo sister. She had been living in Arkansas with her fiance (my mother had allowed this). I live in lousiana. She is pregnant and the father of the baby wants to marry her, and settle in Louisiana so she is close to the only family member she has left. (Me) Right now she is with me, and he is working offshore.

I think that they are trying to do the right thing, I just wonder where that leaves me as her guardian. I am taking care of her needs as if she is my child, and she is bucking my authority because she has obviously been independant for quite sometime now. She wants to finish highschool, and try to be a productive member of society, and doesn't see where the legal issues should be a problem.

Will her fiance become her guardian, or will I still be legally responsible for her until she reaches 18?
Does having a baby make her of legal age?

A fifteen-year-old cannot marry in Arkansas without court approval. A.C.A. § 9-11-103.

You were appointed to serve as the guardian of the child, and chose to let her live with her adult boyfriend in another state?

Did the court know that you would be leaving the child in the house of an adult boyfriend? (If he's over age 18, there are also potential statutory rape issues.) Did the court know that you would be leaving the child in Arkansas and not taking her back to Louisiana where she would be properly supervised?

If you want to convince the court that appointed you as guardian that this is in the child's best interest, you may have some explaining to do.

She was living in the home of her adult boyfriend until our mother died 2 weeks ago. At that point, when I arrived to work on Funeral plans I learned of the situation, told her it was wrong, etc. She explained that she was pregnant, and was engaged, and had to wait until she was 16 in Arkansas to get married. She further explained that our mother, deceased now, had allowed them to live together (and much to my surprise, other people in the little small town agreed that they had in fact been living together for some months). After the funeral, in order to enroll her in school in Louisiana, the court gave me guardianship of her. We left there and came down here. Her fiance attempted to follow, but when he was told I would not allow them to be together in my home, he found another place to stay close to my house. She is wanting to get married, and raise her little family. I did not allow, or approve of the situation, but because my mother died, I am now forced to make the best out of an obviously bad situation.

In louisiana, the court will allow her to marry, with my consent. BUT, what happens then? Legally.

How old is the adult boyfriend?

If they are allowed to get married (which I seriously doubt that they will be able to as boyfriend will probably be in some legal trouble with her being pregnant and all), she will be legally emancipated and you will no longer be responsible for her.

So we're now talking about a boyfriend committing statutory rape in two states? What a winner.

If you want to petition the court to discharge you as guardian, whether because you are unable to control the child, she has run away from home and won't come back, or because she's married, file a petition with the court asking to be discharged.

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Quoting sistermom34

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In louisiana, the court will allow her to marry, with my consent. BUT, what happens then? Legally.

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IF you give consent - and it sounds like you aren't going to, and that's a good move on your part - and IF the courts approve (she's not 16, it's unlikely the courts will allow it), she becomes emancipated, meaning you are no longer responsible for her. Babydaddy does not become her guardian. If the marriage fails prior to her reaching the age of 18, guardianship would revert back to you.

You DO NOT have to allow your sister to marry.

And no, having a baby does not make her "of legal age". It makes her a 15 year old minor with a baby. Contrary to popular belief (and I think this is what you really meant to ask) having a baby does NOT provide legal emancipation to a minor in any state. Medical emancipation, yes; she is able, with the help of her doctor, to make her own medical decisions and that of her baby. Legal emancipation, no; getting pregnant at 15 shows that she needs MORE adult supervision, not less.

Speaking technically, marriage would emancipate her. Speaking practically, even with your permission, it is doubtful in the extreme that a court would approve the marriage of a pregnant 15 year old, and without your approval there is no change in heck.

My question is a simple one but seems to be obvious.

Why, as the guardian of this victim, haven't you yet called the police to report the rape of your sister?

I would say the boyfriend needs to be charged with statutory rape and the guardian with endangering the welfare of a child.

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Quoting Who'sThatGuy

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I would say the boyfriend needs to be charged with statutory rape and the guardian with endangering the welfare of a child.

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I agree that the boyfriend needs to be charged. But since the guardian that allowed this is now deceased, I doubt charges will be filed.

The current guardian is trying to find the right thing to do. (Which is, of course, report the rape of her sister which the rapist has created proof~aka a baby with his dna)

What does the death of the victim's mother have to do with criminal charges?

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Quoting Mr. Knowitall

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What does the death of the victim's mother have to do with criminal charges?

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"Whosthatguy" stated that the guardian should be charged for allowing the rape of her child. I was pointing out that most DAs won't persue criminal charges against dead people.

The focus needs to be on getting the police involved to charge the adult male that has violated this child.

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Quoting PQN

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"Whosthatguy" stated that the guardian should be charged for allowing the rape of her child. I was pointing out that most DAs won't persue criminal charges against dead people.

The focus needs to be on getting the police involved to charge the adult male that has violated this child.

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Correct, but your post below makes it sound like the DA wouldn't look to file charges on ether party.

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Quoting PQN

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I agree that the boyfriend needs to be charged. But since the guardian that allowed this is now deceased, I doubt charges will be filed.

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