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  • 05-19-2009, 07:56 AM
    fuzz16
    Emancipation or Other Options
    My question involves emancipation laws for the State of: Kansas

    I have a very good friend who I have known for years who has recently come upon a problem that I need help with-
    She just turned 17, is 10 weeks (or so) pregnant. Her ex-boyfriend is the father, but his attitude changed the last few weeks and has been treating her very badly. She broke up with him. I am a teen mom, so I know the struggles ahead of her and she knows I will help her in any way I can.

    Her mom had told her she had until the baby was born to move out, it then changed to she has until August, yesterday it was by the end of the week, today it is before school is out-which is pretty much Friday.
    My roomate and I have decided to let her move in with us.

    But herein lies the problems.
    -17
    -Her parents are taking her car
    -No job
    -Turning off her phone
    -And the only things she has is what her mom will let her take with her-clothes and her items I'm supposing.

    I have read the emancipation laws for kansas and if she can support herself, afford and transact her own affairs, sound of mind, and her emancipation being within reason to the courts and in her best interest she can be.
    Problem there being: No job, no car to get a job.


    Any ideas, help, other options would be appreciated.

    And also, if she moved out, could her mom or dad (divorced but neither want anything to do with her cause she wont get an abortion), call the cops and say she ran away?
  • 05-19-2009, 08:49 AM
    cbg
    Re: Emancipation or Other Options
    No job, no car to get to a job, pregnant = no emancipation.

    Any of the above by themselves would be enough to prevent emancipation; the three in combination are a deal breaker. Emancipation ain't gonna happen.

    When will she be 18?
  • 05-19-2009, 09:16 AM
    aardvarc
    Re: Emancipation or Other Options
    And don't forget the "sound mind" part. Getting pregnant at 16, when she can't even support herself, much less a child, shows the court anything BUT a sound mind - and indicates that she is in need of MORE supervision, not less.

    Also, it's amazing that teens so frequently listen to the wrong issues - they don't believe their parents when their parents tell them "hey, this is a bad decision you're making"....and then totally take their parent's word for it that they're being thrown out of the house. For the record, a parent or guardian CAN'T throw a minor, even a pregnant one, out onto the streets without risk of facing CRIMINAL charges for child abandonment. They CAN make other arrangements for their child, like living with relatives, or can ALLOW or give permission for their child to live elsewhere, but can't just push them out the door and wash their hands of them. Your friend can always call police and ask the police to explain this to her parents. Bottom line is: her parents MUST provide for her, in one fashion or another, until she's 18.

    The flip side is that parents have police on their side when it comes to runaways - she CAN be reported as a runaway, and as a missing/endangered case at that (since she's pregnant).
  • 05-19-2009, 04:11 PM
    fuzz16
    Re: Emancipation or Other Options
    When you say her mom could allow her to live with another, would that allow her to give rights to me or someone else to act as a guardian type thing where I can sign things for her school and what not? And her mom would in some way still have to support her with money or something?
    Sorry, may be a stupid question on my part, but I'm still learning when it comes to this. And for the record, I was kicked out for being pregnant and I'm a teenager, due to not giving up my child. So I will support her in her decision whether it be to keep the baby or anything else, because right now she is not getting it from anyone else.

    She talked to her mom about it. Pretty much her mom said that she doesn't want her to have a kid at that age-understandable, and that she won't support her or have anything to do with her grandbaby. Hopefully her mom is just threatening, tryinng to force her into an abortion. Her dad has already pretty much disowned her at this point. I don't beleive she has family close that could help, or if they would.
  • 05-19-2009, 06:44 PM
    aardvarc
    Re: Emancipation or Other Options
    Quote:

    Quoting fuzz16
    View Post
    When you say her mom could allow her to live with another, would that allow her to give rights to me or someone else to act as a guardian type thing where I can sign things for her school and what not?

    No, it would SIMPLY be permission for as long as mom wants to decide not to call the police. Mom still retains ALL legal guardianship authority. If she wants to apply to her local probate court for a CHANGE of guardianship, she can try - but she needs to be aware that if her mother objects, the court is going to side with mom under these circumstances, and teenmom isn't even in the universe of being considered by a court for the guardianship of another soon-to-be teen mom.

    Quote:

    And her mom would in some way still have to support her with money or something?
    Mom is required to provide shelter, food, and weather-appropriate clothing. If mom only agrees to do that provided she reside with mom, she can. It's not a free-for-all where teenagers get to do what they want, when they want, live where they want, and parents get left holding the bag and paying the bills. Part of the trade off of having parental SUPPORT is being subject to parental CONTROL.

    Quote:

    Sorry, may be a stupid question on my part, but I'm still learning when it comes to this. And for the record, I was kicked out for being pregnant and I'm a teenager, due to not giving up my child. So I will support her in her decision whether it be to keep the baby or anything else, because right now she is not getting it from anyone else.
    No question is stupid, life doesn't come with a manual, much is just learned as you go or through asking. Mom has a legal duty to support HER - with shelter, food, clothing. Mom has no legal duty to the grandchild - food, diapers, medical bills, etc. - the baby HAS a father - and THAT is who should be supporting the new baby. When the baby is born, child support needs to be requested through the courts. Whether he's an ex or not, the BABY has a right to that support, AND the right to grow a relationship with it's father, even though mom broke up with him. Legally, she can realistically expect that this guy will be some part of her life for the next 18 years - whether that's just getting a check in the mail every month (once he's established as the father and child support is ordered), or whether it's negotiating who is going to spend next summer with the baby or who will have the child over Christmas.

    She really should talk to someone OUTSIDE of the situation - like a counselor at school, or anonymously to a teen pregnancy program - someone who can outline all the possible choices and options that might be available to her - anything from abortion, to adoption, to alternate programs meant just for teen moms where they can get a wide variety of services, to legal services for getting the ball rolling on getting child support. YOu can find a list of such programs in Kansas at http://www.superpages.com/yellowpage...Services/S-KS/

    Quote:

    She talked to her mom about it. Pretty much her mom said that she doesn't want her to have a kid at that age-understandable, and that she won't support her or have anything to do with her grandbaby.
    Mom doesn't have to have anything to do with the grandbaby. Mom is allowed to be mad that her daughter is out creating children she can't support. Mom doesn't have a choice in supporting HER own child - until she is 18 she IS mom's responsibility whether mom likes it or not. Mom can threaten and blow hot air all she wants, but the moment mom goes to throw a 17 year old out on the streets, that's the moment police need to be summoned. Police can deal with the issue of mom throwing her out, and may or may not bring social services into the picture to see what better options might be available.

    Quote:

    Hopefully her mom is just threatening, tryinng to force her into an abortion. Her dad has already pretty much disowned her at this point. I don't beleive she has family close that could help, or if they would.
    Given the statistical fact that having a child under the age of 18 is the NUMBER ONE indicator that a woman will spend her life in poverty (and it's also pretty high as an indicator for predicting domestic violence too) , it's understandable that the family is reacting so. Mom can't force her into an abortion, but mom doesn't have to make her life any easier either.
  • 05-21-2009, 09:59 AM
    fuzz16
    Re: Emancipation or Other Options
    Thank you for you're help so far, it is very much appreciated.

    As far as I understand, the laws in Kansas state her mom can't force abortion on her, but has made an appointment for the abortion anyways in an attempt to force her into one. I'm right in beleiving this impossible, correct?

    One thing she is worried about is that she will go into foster care if she were to call the cops on here mom and claim child abandonment, and truly, her mom is not exactly fit to mother her. She spends all her money on material things, her hair, and nails. She is never home, and when she is, she is cruel. If she stays, she will suffer from her moms mental and emotional abuse, and I doubt her dad is any better.
  • 05-21-2009, 11:09 AM
    cbg
    Re: Emancipation or Other Options
    She's going to have to make a choice. Emancipation is NOT an option so her choices are:

    1.) Stay where she is

    2.) Call CPS and maybe end up in foster care

    She DOES NOT HAVE the option of moving out on her own, or of moving in with someone else (you, for instance) against her parents wishes. When she is 18, she will have that option. Right now, she does not.
  • 05-21-2009, 12:51 PM
    divemedic
    Re: Emancipation or Other Options
    Quote:

    She spends all her money on material things, her hair, and nails. She is never home, and when she is, she is cruel. If she stays, she will suffer from her moms mental and emotional abuse, and I doubt her dad is any better.
    Remember that parents are not responsible to provide more than food, shelter, clothing, and an education. Beyond that, if a parent wants to spend all of their money buying a gold rocket car, that is up to them.

    Contrary to the opinion of many teens, it is not abuse for Mom and Dad to refuse to provide a Nintendo, Air Jordans, designer clothes, cable television, or a car. They can even do cruel things like make you eat broccoli or even liver and onions. I have heard that parents can ground you for bad grades, and even prohibit a teen from seeing their "soulmate."
  • 05-22-2009, 04:51 PM
    fuzz16
    Re: Emancipation or Other Options
    She also gave her dad 600$ to help pay for the car-that he won't give her.

    And I spoke to her mom, and she told her she could live with me, pretty much saying, I dont care where she lives. But did add that she'd rather her be with me than the baby's dad...
  • 05-22-2009, 06:01 PM
    cbg
    Re: Emancipation or Other Options
    If her mother gives her permission to live with you, she can. It does not mean that she is or can be emancipated; it simply means that she has permission to live away from home.
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