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Sexually Active Teen Wants to be Emancipated

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  • 10-20-2013, 12:46 AM
    Raudiance
    Sexually Active Teen Wants to be Emancipated
    My question involves juvenile law in the State of: Oregon
    First of all, whether or not my girlfriend can get emancipated is an important question to ask. She currently has a reliable job working as crew for McDonald's, has her license, and if she were to be emancipated has a reliable home to move to from her current residence with her family. On the note of living currently with her family, her step-father is a drunkard who drives for a trucking company. He's gone usually five days out of the week and during the time the whole family openly bad mouths him, then when he's home they play nice. The only reason her mother doesn't file for divorce is that he pays bills. He will often get angry and has threatened her, as well as he will randomly assume her to always be home or requires that she come somewhere with him to serve him and his friends when they're getting drunk together, as well as act as his designated driver because he gets too drunk to drive himself home.

    Her mother will sometimes protest these acts when he is around (usually simply joining) and even when she lightly protests will more often just flip back around and get angry at her for his reasons, as well as go along with anything he says because her first husband was abusive and she is scared of him. When he is away she will often be verbally abusive to her and her siblings as well as extremely bipolar in temperament. Her mother (my girlfriend's grandmother) recently died as well and following this event she basically broke down and my girlfriend was left caring for her and her siblings. Not only this but even on good days my girlfriend is expected to care for her siblings instead of their mom.

    My girlfriend's mother has before loaned her her truck, and then threatened to call the cops on her for using it. As well as threatening to call the cops on her as a run away simply when she is either at work or someplace else that her mother knows about and was told about in advance and approved.

    Seeing as how my girlfriend is currently 16 (turning 17 in December) as well as responsible, with a job (an income), a license, and a reliable second place of residence, and her home life is less than stable with semi-abusive parents, is emancipation for her feasible?

    Now that this question has been asked I ask these two more. Her and I have been sexually active for a little while now, and her mother as well as my parents found out. Since she is sixteen and I am eighteen (she was sixteen still when we became sexually active and I was seventeen at the time) I was wondering if there are any legal repercussions that could come about if her mother was to inform the cops that we have been sexually active, as she has threatened to do. Not only this, but if she were to be emancipated, I was wondering - if there were any legal repercussions - if they would still apply after emancipation.

    I believe that is the entirety of my question, if you have read to this point I thank you very much for your time and indulgence in my plight and I am grateful for any answers and/or insight into my queries.
  • 10-20-2013, 01:30 AM
    Dogmatique
    Re: Oregon Laws Regarding Emancipation and Sexual Misconduct
    Unless she can prove to the court that she is able to fully support herself - ie, paying full market rent, utilities, health insurance, transportation, sundry items, everything while still maintaining better-than-good grades - she will not be emancipated.
  • 10-20-2013, 01:34 AM
    Disagreeable
    Re: Oregon Laws Regarding Emancipation and Sexual Misconduct
    Ahhh isn't that cute. The 18 yr old wants to find a way to allow the 16 yr old to be his bed warmer. Not gonna happen, not even close to happening. Keep on fantasizing, she will be 18 in a few years.
  • 10-20-2013, 07:06 AM
    flyingron
    Re: Oregon Laws Regarding Emancipation and Sexual Misconduct
    You misunderstand emancipation. Emancipation is not a method to escape parental enslavement. It's a recognition of an independent child that they need relief from certain things denied them (ability to make contracts). We do not emancipate the abused, we find them alternative custodial arrangements.
  • 10-20-2013, 07:11 AM
    cbg
    Re: Oregon Laws Regarding Emancipation and Sexual Misconduct
    Seeing as how my girlfriend is currently 16 (turning 17 in December) as well as responsible, with a job (an income), a license, and a reliable second place of residence, and her home life is less than stable with semi-abusive parents, is emancipation for her feasible?[/B]

    Not even close to feasible. And if the reliable second place of residence is with you, the answer is not only no but Hell no. There isn't a judge anywhere in the US that will emancipate a minor child so that she can go live with her boyfriend. Not gonna happen. Ever.

    Not only this, but if she were to be emancipated, I was wondering - if there were any legal repercussions - if they would still apply after emancipation. Because this is important, we'll pretend that there's a .000001 percent chance that she will be emancipated. There isn't, but for the sake of your question, we'll pretend there is. And the answer to your question is, Damn straight they would. Emancipation does NOT make other age-related laws go away. An emancipated minor still cannot drink before 21, smoke before 18, or have sex before the age of consent, which in Oregon is 18.
  • 10-20-2013, 01:03 PM
    Dogmatique
    Re: Oregon Laws Regarding Emancipation and Sexual Misconduct
    Admittedly I'm wondering when it became an intolerable crime to babysit your siblings.

    Is that really where we're at as a society?!
  • 10-20-2013, 04:27 PM
    jk
    Re: Oregon Laws Regarding Emancipation and Sexual Misconduct
    Quote:

    Quoting Dogmatique
    View Post
    Admittedly I'm wondering when it became an intolerable crime to babysit your siblings.

    Is that really where we're at as a society?!

    Only in the minds of the child doing the babysitting.
  • 10-20-2013, 09:22 PM
    Disagreeable
    Re: Sexually Active Teen Wants to be Emancipated
    Then the really mean parents teach them how to cook, clean and do their own laundry.
  • 10-20-2013, 10:39 PM
    aardvarc
    Re: Sexually Active Teen Wants to be Emancipated
    I'm trying to remember which states classify parental attempts to prepare their children for the realities of life's responsibilities as child abuse, neglect, or endangerment...but none are coming to mind at the moment.
  • 10-21-2013, 12:10 AM
    Raudiance
    Re: Sexually Active Teen Wants to be Emancipated
    I posted on this with a serious question, and I'm extremely disappointed in the amount of negative and hostile commenting.
    First of all, to Disagreeable I'd like to say I am not attempting to make her my "bed warmer". I have insomnia and often don't even sleep. Not only this but I am not looking for her to move a room with me, simply out of her current residence.
    Next, to Dogmatique, babysitting one's siblings is of course expected generally if they are younger and you are older. It is no big thing. To be expected to be the main caregiver for them however, as well as one of your parents because they have an emotional breakdown, is not acceptable. If she were to simply complain about 'babysitting' her siblings I'd tell her she was being silly and inconsiderate.
    Again now, to Disagreeable. I agree that home skills as well as life skills are both very useful to have, and all children should be taught them at an early age. Being expected to use these skills to care for ones siblings and a parent by said parent, is not truly acceptable.If she was simply taught these skills, again I would say she is being silly, being expected to use them to be slave to her family however, again not acceptable.
    Lastly, aardvarc, wonderful sarcasm sir. However, I asked a serious question, and you choose to make joke of it. Making the world a better place starts with oneself, try constructive criticism next time rather than blatant disdain and a frivolous tone.

    - - - Updated - - -

    Quote:

    Quoting cbg
    View Post
    Seeing as how my girlfriend is currently 16 (turning 17 in December) as well as responsible, with a job (an income), a license, and a reliable second place of residence, and her home life is less than stable with semi-abusive parents, is emancipation for her feasible?[/B]

    Not even close to feasible. And if the reliable second place of residence is with you, the answer is not only no but Hell no. There isn't a judge anywhere in the US that will emancipate a minor child so that she can go live with her boyfriend. Not gonna happen. Ever.

    Not only this, but if she were to be emancipated, I was wondering - if there were any legal repercussions - if they would still apply after emancipation. Because this is important, we'll pretend that there's a .000001 percent chance that she will be emancipated. There isn't, but for the sake of your question, we'll pretend there is. And the answer to your question is, Damn straight they would. Emancipation does NOT make other age-related laws go away. An emancipated minor still cannot drink before 21, smoke before 18, or have sex before the age of consent, which in Oregon is 18.

    Quote:

    Quoting flyingron
    View Post
    You misunderstand emancipation. Emancipation is not a method to escape parental enslavement. It's a recognition of an independent child that they need relief from certain things denied them (ability to make contracts). We do not emancipate the abused, we find them alternative custodial arrangements.

    Quote:

    Quoting Dogmatique
    View Post
    Unless she can prove to the court that she is able to fully support herself - ie, paying full market rent, utilities, health insurance, transportation, sundry items, everything while still maintaining better-than-good grades - she will not be emancipated.

    I would like to thank the three people who I have quoted in this reply for actual useful answers to mine queries, albeit a somewhat snarky response from cbg.
    To flyingron specifically I thank you for an actual constructive answer and ask what the best route would be to get her removed from her current home situation? As well I offer that when she was hired to her current job her mother almost denied her permission to take it, and I believe this would fall under the point you made about an individual needing relief from certain things denied them.
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