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Emancipation in California

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  • 08-29-2006, 03:54 PM
    mi6key
    Emancipation in California
    I am writing for a young girl whom I consider my little sister. She is 15 and 6 months pregnant. She is considering emancipation from her mother. Her mother has sole custody. Her mother has told her to give the baby up for adoption but she does not want to. I told her that her mother has no say in the matter, that she (the 15 year old) does have parental rights. She was told by her mother that if she keeps her baby that she will be disowned from the family.
    Sister is so confused and not sure what to do or what her rights are. She not sure how to go about petitioning for emancipation. She is scared that if her mom catches wind of her plan that her mom will get her in trouble.
    Sister has gotten into trouble with the law, she has been arrested.

    I read through some of the other threads and the FL codes. I believe that I understand and I tried to explain to her last night what her options are.

    Can you please tell me if I was correct in my explainations?

    I told her that when she has her baby, that she is to tell the nurse/doctor that she does not want to give her child up for adoption (if that is what she decides). To not sign anything that she does not understand. If she does not understand something she is asked to sign, to ask the nurse to explain it not her mom.

    Can she ask that her mom leave the room when something is being explained to her that deals with her child/health?

    Can she start the emancipation process before she leaves the house? As in can she get her paperwork together, leave, then file? Or does she have to be established in a living situation for a certain ammount of time before she can file?

    If she leaves and her parents file a report and the police find her..can she say that she is in the process of filing for emancipation? Will that prevent the police from taking her back home?

    I have so many questions and I want to give her the correct information.
    Thank you very much,
    Big sister Mi6key
  • 08-29-2006, 04:11 PM
    rmet4nzkx
    Re: Emancipation in California
    The best advice is to have her petition the court for a Guardian Ad Litem, this is done through the probate or family law facilitator's office of her county's Superior court, this will result in a minor's attorney being appointed to represent her best interest. While she has control over her medical and reproductive issues, she is still a minor and pregnancy doesn't emancipate her. While her parents can't force her to have an abortion, they must be the ones to sign if she is to surrender the child for adoption. Is she receiving prenatal care? How many weeks?
    How old is the putative father?
  • 08-29-2006, 05:08 PM
    Happy Trails
    Re: Emancipation in California
    Also is the girl in California or Florida?

    You threw me when you mentioned the FL codes.
  • 08-29-2006, 07:46 PM
    mi6key
    Re: Emancipation in California
    We are in California. FL was for Family Law Codes, my apologizes.
    She does get prenatal care. I don't know too much about the father except he is not involved.

    I thought I read somewhere on this site that she has full parental right of her child. So even ifshe wants to keep her child, can her mom can sign the adoption papers regardless?

    they must be the ones to sign if she is to surrender the child for adoption.
  • 08-29-2006, 09:12 PM
    rmet4nzkx
    Re: Emancipation in California
    She is a minor and cannot consent to sex, so we need to know how old the father is. She would have to consent to adoption also tha tis why I said to petition to get a GAL. SHe is going to have to involve the father one way or the other, she cannot support herself, a baby and go to school.
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