17 with Child, Can I Get Emancipated

[onebad88fan]

My question involves juvenile law in the State of: West Virginia

My sons girlfriend is 17 and they have a child together. She is wanting to move out but is being threatened on being charged as a runaway by her parents. If she were to move in with us, could we be appointed as a legal guardian (if so do you parents have to sign consent) or is she considered emancipated since she has a child. Her parents are making things very difficult, they wont let my sons side of the family see the baby. If she cannot emancipate herself is there anything that gives us rights as grandparents.

[Mr. Knowitall]

In terms of your initial question, "Can I Get Emancipated", if you're telling the truth in your post you are a grown-up and are already emancipated by virtue of your age.

As for the teenager you claim to be your son's girlfriend, take ten seconds and read the stickied threads. She's not even close to a candidate for emancipation. Even if we were to assume her parents are unfit, and from what you've posted so far there's no reason to suspect that they are unfit, no court is going to give you guardianship over her so she can move into the same house as your son and perhaps make more babies.

If your son wants to establish visitation rights, he can do so through a court. His family can then see the child when he is exercising his parenting time.

[aardvarc]

Agree w Mr K

My sons girlfriend is 17 and they have a child together. She is wanting to move out but is being threatened on being charged as a runaway by her parents.

So long as she's a minor, she's under the care and control of her parents. If she leaves without their permission, yes, she can be treated as a runaway. Anyone who aids her in circumventing the lawful authority of her parents can face criminal charges such as interference with custody, contributing the the delinquency of a minor, etc.

If she were to move in with us, could we be appointed as a legal guardian (if so do you parents have to sign consent)

No, but you COULD face criminal charges. She's GOT parents. Until and unless those parents are found to be UNfit, THEY are in charge. No court is going to turn guardianship of a minor over to the parents of the father who impregnated her so they can live together and keep making babies.

or is she considered emancipated since she has a child.

Far from it. She ended any possible chance of being emancipated the moment she got pregnant. Emancipation is for those minors who show extraordinary responsibility - not for minors who get pregnant and don't like their parent's reaction to it.

Her parents are making things very difficult,

Then she shouldn't have gotten pregnant until she was an ADULT. And most judges won't say it that nicely. But until she IS an adult, she's NOT in charge, and her decisions are going to have consequences, some of which she's not going to like. Life's like that.

they wont let my sons side of the family see the baby.

As Mr K noted, the father needs to bring a paternity case. Then he can seek visitation (and be expected to pay child support). Once he has a visitation order, his family can visit on his time.

If she cannot emancipate herself is there anything that gives us rights as grandparents.

No. Any rights will belong to the father, IF he establishes them in court.

[Disagreeable]

I can understand them not wanting her or the child to spend time with your family. You are actively attempting to undermine their parenting.

[onebad88fan]

this is for both the repliers. My son does support the baby and has since they found out she was pregnant, and he does not live with me, so there will be no more babies under my roof. I was looking for something other than them getting married which is what they are talking about doing. In the state of WV they can get married without the consent of her parents since there is a child. But my husband and I were looking to try to help a little. Thanks for your inputs.

[Dogmatique]

Lots of people confuse medical emancipation and legal emancipation.

The first means the for the sake of her reproductive health and that of her child, a minor mother can make decisions herself about the health of herself and her child.

Legal emancipation is quite different and yes, it's true that a minor with a child is actually telling the entire world that they need more, not less, adult supervision.

It's a virtual guarantee that the court won't emancipate her.

Marriage on the other hand will automatically emancipate both children.

[aaron]

In the state of WV they can get married without the consent of her parents since there is a child.

That is not correct.

(a) The age of consent for marriage for both the male and the female is eighteen years of age. A person under the age of eighteen lacks the capacity to contract a marriage without the consent required by this section.

(b) The clerk of the county commission may issue a marriage license to an applicant who is under the age of eighteen but sixteen years of age or older if the clerk obtains a valid written consent from the applicant's parents or legal guardian.

(c) Upon order of a circuit judge, the clerk of the county commission may issue a marriage license to an applicant who is under the age of sixteen, if the clerk obtains a valid written consent from the applicant's parents or legal guardian. A circuit judge of the county in which the application for a marriage license is filed may order the clerk of the county commission to issue a license to an applicant under the age of sixteen if, in the court's discretion, the issuance of a license is in the best interest of the applicant and if consent is given by the parents or guardian.

(d) A consent to marry must be duly acknowledged before an officer authorized to acknowledge a deed. If the parents are living together at the time the application for a marriage license is made and the consent is given, the signatures of both parents or the applicant's legal guardian is required. If one parent is dead, the signature of the surviving parent or the applicant's legal guardian is required. If both parents are dead, the signature of the applicant's legal guardian is required. If the parents of the applicant are living separate and apart, the signature of the parent having custody of the applicant or the applicant's legal guardian is required.

(e) If a person under the age of consent is married in violation of this section, the marriage is not void for this reason, and such marriage is valid until it is actually annulled.

(f) A marriage by an underage person without a valid consent as required by this section, though voidable at the time it is entered into, may be ratified and become completely valid and binding when the underage party reaches the age of consent. Validation of a marriage by ratification is established by some unequivocal and voluntary act, statement, or course of conduct after reaching the age of consent. Ratification includes, but is not limited to, continued cohabitation as husband and wife after the age of consent is attained.

[onebad88fan]

The West Virginia laws needs updated. I know for a fact they allow under 18 to marry if they have a child. I have a coworker and his girlfriend (she was 15) that got married without consent of her parents because they had a child together. They were told if she was pregnant she would have needed consent. Her parents were furious as I would also be. I do not want the getting married right now, but I cant do nothing if that's what my son and his girlfriend choose to do.

[Disagreeable]

They can get married. It won't be legally recognized as a legal marriage until they turn 18 and affirm it. Neither they, nor you, seem big on following the law in this situation, so why ask here, if you don't want to hear the truth? I can see why the old joke about " If you divorce your husband is he still your brother?" is attributed to the state of WV.

[Dogmatique]

I'll trust the attorney who provided the actual statute, versus your coworker.