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Emancipation of a Minor with an Infant Child

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  • 10-07-2008, 01:21 PM
    JJava
    Emancipation of a Minor with an Infant Child
    My question involves emancipation laws for the State of: Nevada

    I am helping a 16 yr. old who has a 2 mo. old son. What are her rights by law. She is still living with her mom. Her mom is making it difficult for her and her baby by holding on to shot records etc. things she needs to be able to seek medical attention for her and her baby. Her mom says she claims she has authority over her and the grandson but refuses to allow them to seek medical attention because she does not want to pay for the medical bills. I am confused as to how much this girl can do on her own.
  • 10-07-2008, 01:27 PM
    ashman165
    Re: Extent of Law Allowed to 16 Yr. Old
    Quote:

    Quoting JJava
    View Post
    My question involves emancipation laws for the State of: Nevada

    I am helping a 16 yr. old who has a 2 mo. old son. What are her rights by law. She is still living with her mom. Her mom is making it difficult for her and her baby by holding on to shot records etc. things she needs to be able to seek medical attention for her and her baby. Her mom says she claims she has authority over her and the grandson but refuses to allow them to seek medical attention because she does not want to pay for the medical bills. I am confused as to how much this girl can do on her own.

    Does the grandmother have custody of the infant? In general, the parent of the child makes healthcare decisions, not the grandparent.

    I haven't yet found a decent website to link to you which says one way or another who would definitely control what though. I'm sure someone will come along who's better at database searches than I.

    In the meantime, you can look at: http://www.guttmacher.org/statecente...s/spib_MRP.pdf
  • 10-07-2008, 04:45 PM
    aaron
    Re: Emancipation of a Minor with an Infant Child
    As an unemancipated minor, she's under the authority of her parents. She can make medical decisions relating to her son, but she can't compel her parents to pay for treatment they don't agree to pay for. If she wants treatment that they won't pay for, she needs to find a way to get insurance of her own that covers the care or to pay for it herself.

    Louisiana does have a statute that imposes a duty of support of needy ascendants and descendants (Civil Code Sec. 229). It's not clear, however, that the grandparents aren't fulfilling that duty.
  • 10-07-2008, 05:08 PM
    cbg
    Re: Emancipation of a Minor with an Infant Child
    And just to clarify, the chances that a minor with a child will be legally emancipated are about zero.
  • 10-08-2008, 10:02 AM
    ashman165
    Re: Emancipation of a Minor with an Infant Child
    Did the title of this thread change? Or is my memory failing me?

    I wasn't reading it to be asking about emancipation, only whether or not the grandmother can prevent treatment.

    I didn't mean to imply (and I don't think my post does) that the minor can force her mother to pay for the child's healthcare.

    I was only responding to the part about whether or not the grandmother actually has control over the medical decisions based on the infant. I thought that was clear because it's the only topic I actually address.

    Sorry for any confusion, everyone.
  • 10-08-2008, 10:04 AM
    aaron
    Re: Emancipation of a Minor with an Infant Child
    You posted in the emancipation forum, so it's reasonable for people to infer that you're asking about emancipation.
  • 10-08-2008, 10:06 AM
    ashman165
    Re: Emancipation of a Minor with an Infant Child
    Quote:

    Quoting aaron
    View Post
    You posted in the emancipation forum, so it's reasonable for people to infer that you're asking about emancipation.

    Yeah, I'm just today getting used to the different forums in here. I still can't find threads in which I've posted very quickly. I just have been clicking on the new posts.

    I'll get the hang of it . . . one day.
  • 10-09-2008, 12:22 AM
    JJava
    Re: Emancipation of a Minor with an Infant Child
    Thank you for your help. The infant in this post is not in the custody of the grandmother. The grandmother will not give birth certificates and shot records to the 16 yr old for her and her son so that she can get the medical attention needed and become financially indepentant. The grandmother has threatened that the infant will be taken away if he doesn't get his shots, but yet she won't give up the shot record so that it can be taken care of. I am very frustrated to say the least!!!
  • 10-09-2008, 07:13 AM
    aaron
    Re: Emancipation of a Minor with an Infant Child
    Mom can get a birth certificate from the county, and can get vaccination records from the child's doctor.
  • 10-09-2008, 11:55 AM
    JJava
    Re: Emancipation of a Minor with an Infant Child
    Thank you!!:) I'm so glad I found this forum!! This is helping me place into the hands of the 16 yr.old the info she needs to have the confidence that she can do something for her and her child. It's coming from someone else, not just me, you see, so it really helps.
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