Is a Minor Emancipated by Becoming a Mother
My question involves juvenile law in the State of: Missouri
Last week, my daughter turned 17 and gave birth to a child. She is under the impression that she is now an adult, legally emancipated by the birth of her child. I have read up on this subject a bit, and that does not seem to be true. I do know that you can move out of your parent's home at 17 without needing to worry about juvenile authorities forcing you back. My question is if the 17 year old has a history of delinquency documented in two states, with two instances of confinement for mental health issues, does this change anything as far as the authorities stepping in? My concern is for the safety and well being of my grandchild and I really don't want to wait for something horrible to happen before I can act on his behalf. At this point my daughter has already left my home, two days ago, and refuses to come back.Is there anything I can do?
Re: Is a Minor Emancipated by Becoming a Mother
You can go get her.
A minor mother is still a minor; they are not emancipated simply because a baby was born.
Re: Is a Minor Emancipated by Becoming a Mother
You need to take a family member or friend with you to get her for safety reasons. If she is neglecting or abusing your grandchild you can call CPS and they will determine if.they need to step in for the safety of the child. But, a difference of opinion on caring or raising a child isn't the same thing as neglect or abuse. If.your daughter is still under the care of a professional for her mental health issues they are mandatory reporters if they believe the child may be at risk.
Being a teenage unwed mother is a very difficult world that she knows nothing about. If she has no way of supporting the baby she can apply for welfare but they will want the fathers name or the name of who the father might be. And the money is.a very small.amount. You are still responsible for supporting your daughter. Hopefully she will realize that the best place for her and the baby are with her family. A friend may be ok with supporting two people they aren't related to.for a short time, but they will tire of it soon.
Re: Is a Minor Emancipated by Becoming a Mother
She has a history of physical violence, especially when you try to make her do something against her will. She has little to no self control when she is frustrated or angry and lashes out in a physical way. She went off her meds when we discovered she was pregnant at the advice of her obstetrician, and now refuses to return to her psychiatrist to get back on them. To my knowledge, she has not done anything to harm her newborn yet. It's not a difference of opinion, it's just a matter of time-everyone who knows her is sitting on pins and needles waiting for something to happen. When I attempt to go get her, she will get violent with me. I would have to involve the authorities, who I called today to ask if they could assist me and they told me "she's 17, you can't force her to come home, although you are still responsible for her until she is 18. This is a family matter, we cannot get involved." I'm just at a loss.
Re: Is a Minor Emancipated by Becoming a Mother
Re: Is a Minor Emancipated by Becoming a Mother
Re: Is a Minor Emancipated by Becoming a Mother
Maybe you should talk to her psychiatrist and see what they advise. They may or may not talk to you. You can call CPS but without her having done anything I'm not sure how much help they will be.
Is she staying with responsible people that are just trying to help or kids? Maybe if she's will responsible people they will try and show her that she needs the support of her family and hopefully they will watch out for the baby as best they can.
Re: Is a Minor Emancipated by Becoming a Mother
I'm sorry. Let me clarify. My daughter's father is involved, but is an enabler. We have joint custody, but he is not willing to do anything to make her angry at him. It's the infant's father who is not involved.
Re: Is a Minor Emancipated by Becoming a Mother
Then unless you want to try to convince a judge that you should have emergency custody of the newborn, there is quite literally nothing you can do.
Any why isn't the newborn's father involved?
Re: Is a Minor Emancipated by Becoming a Mother
She is staying with her 17 year old boyfriend (who is not my grandchild's father) and his parents. I allowed her to visit Friday afternoon, as they wanted to see the baby, and in the few hours she was there they convinced her she was an emancipated adult and that if she continued to live with me I would take her child away from her. I do not know or understand what their motives could be, other than something financial. Not good people. I rarely allowed her to go there because of the environment.
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I can only reply that my daughter makes very poor choices, like choosing to cheek her birth control to become pregnant purposefully, and choosing a poor partner who broke up with her when she became pregnant.
Re: Is a Minor Emancipated by Becoming a Mother
So you want her back home and her father will agree to her doing what she wants to do? You have no responsibility to support her child so wherever she stays they will be supporting one or both of them and I don't see the boyfriends family doing that. But I do see her father doing it.
Her making poor choices is not the same as a history of violence that you mentioned earlier. Or maybe I misunderstood your earlier post.
Re: Is a Minor Emancipated by Becoming a Mother
Her father stands in opposition with her against me anytime a situation arises. Which is a huge contributing factor to her behavior for the past two years. Although I am not responsible for supporting her child, I have purchased every can of formula, diaper, furniture, and clothing that he has, and did so gladly. No matter what she does, she knows I will not deny him something he needs. These people live on public assistance, and the only reason I can think of that they would want her there is to receive more public assistance. I want her here to keep her in school, provide her with with mental health services that she REQUIRES, and to ensure the safety of my grandchild. None of those things will happen where she is now.
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No, they are not the same. But they are both a consistent part of her behavior. She has real problems for which she has been under a psychiatrists care for nearly two years, without meds due to the pregnancy for the last 7 months.
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Anyway, I just wanted to see if anyone could offer some advice or some insight into how the law lands on situations like these, and I thank those of you who replied. At this point, I feel I have no other option than to contact an attorney. I appreciate your help in reaching that decision.
Re: Is a Minor Emancipated by Becoming a Mother
Being under the care of a psychiatrist and off her meds isn't enough to prove she is an unfit parent.
Would she have a problem naming the child's father and signing papers for the state to represent her in getting child support for the baby? That is what she will have to do to get public assistance for the baby.
Re: Is a Minor Emancipated by Becoming a Mother
I know that isn't enough. Really all I want at this point is to have her here where she will still have a shot at a decent life. Where I can watch out for the both of them and make sure they are both getting what they need to be healthy.
I don't know if she will want to name him or not. I'm hoping that even if she tries, they won't allow her to apply because she is a minor.
Re: Is a Minor Emancipated by Becoming a Mother
Her psych records will likely not be disclosed without her permission even though she's a minor and the doctor likely won't discuss anything at all with Mom.
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You're probably correct. The only information I have been given is her diagnosis and how important it is for her to stay on her medications. He never discusses anything else with me.
Re: Is a Minor Emancipated by Becoming a Mother
Quote:
Quoting
m.ice
I know that isn't enough. Really all I want at this point is to have her here where she will still have a shot at a decent life. Where I can watch out for the both of them and make sure they are both getting what they need to be healthy.
I don't know if she will want to name him or not. I'm hoping that even if she tries, they won't allow her to apply because she is a minor.
And that will help them both how?
Re: Is a Minor Emancipated by Becoming a Mother
She can apply for public. assistance and Medicaid for her baby. And she can make decisions and sign papers where her baby is concerned but not herself.
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Dogmatique, I was thinking maybe he could advise her on what she might do. But I know he won't discuss her daughterscase with her. Thanks for correcting that thought.
Re: Is a Minor Emancipated by Becoming a Mother
Because the government should not be supporting them. I am able and willing to do that until she is of a position to support them herself. Should she seek child support? Yes, the father has an obligation to his child. But there is no reason for them to be on public assistance. It will only enable her to continue down this path of self destruction, and I don't want to see that for her or her child.
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I read something about that today. I know I had to sign her hospital discharge papers, but I thought that was for insurance purposes.
Re: Is a Minor Emancipated by Becoming a Mother
Quote:
Quoting
m.ice
Because the government should not be supporting them. I am able and willing to do that until she is of a position to support them herself. Should she seek child support? Yes, the father has an obligation to his child. But there is no reason for them to be on public assistance. It will only enable her to continue down this path of self destruction, and I don't want to see that for her or her child.
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I read something about that today. I know I had to sign her hospital discharge papers, but I thought that was for insurance purposes.
There's a huge difference between her getting state aid - which she will - and you paying her way
The difference is control. From her perspective, if welfare means she'll survive AND be out from under your control, she'll go for it. This is the child you raised, and she's now raising her own - she's going to do whatever she wants no matter what, and it's a little late to want to close the gate at this point (though I understand the urge). But actively hoping that she doesn't get help? That's a little over the top.
Re: Is a Minor Emancipated by Becoming a Mother
she will find out quick that the welfare office requirements are a lot stricter and the funds a lot stingier than mom's house.
we are talking up to 375-575 per month (depending on if it's for her or her and the baby and depending on what rent she is paying at the time) and that goes down if income is recieved, it also goes down if she does not cooperate with child support, and it gets cut in half if she misses a day at the job center without a valid medical excuse signed by a doctor