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  1. #1
    Join Date
    Jun 2005
    Posts
    1

    Default Can a Pregnant Minor Leave her House in Arkansas

    Hello,
    About a month ago my girlfriend and I found out she was pregnant, and had just told our parents a few days ago, we are both 16, live in Arkansas, and have been talking about getting her out of the house. Is there anyway she could leave and come live with me and my parents? We definatly know her parents would not let her leave, but is there any law that would let her leave, because we don't want her around the house since she is going under a bunch of stress, and her parents drink and smoke alot, and I don't want the baby to come out defected because she is always around second hand smoke. My mom also told me, she did want her grandkid being raised there or having my girlfriend there under stress. Is there anyway we could get her out of the house? My parents said that she could move in, I just need to know if it is possible to get her out of the house.

    Thanks!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Emancipation

    You have two options, if her parents don't agree with her moving out. The first is Arkansas' "emancipation" law, "removal of disability of a minor":
    Quote Quoting Arkansas Law
    9-26-104. Removal of disability of a minor.

    (a) The circuit courts of this state or the respective judges thereof in vacation shall have the power to authorize any person who is a resident of the county and who has reached his or her sixteenth birthday to transact business in general and any particular business specified in like manner and with the same effect as if such act or thing were done by a person who had attained majority. Every act done by a person so authorized shall have the same force and effect in law and equity as if done by a person of full age.

    (b) Letters testamentary, of administration, or of guardianship may be granted to any such person, if otherwise entitled by law to have or hold such fiduciary trust, with like effect as if granted to a person over the age of majority.

    (c) The order of removal of disabilities may be made by the courts, or the respective judges thereof, in term time or in vacation.

    (d)(1) The circuit courts of any county in which a nonresident minor of the State of Arkansas owns real estate, or any interest in real estate, shall have jurisdiction to remove the disabilities of minority of such minor where the person has reached sixteen (16) years of age, as to such real estate. This may be done to enable the minor to sell and convey the real estate, or any interest therein, which may be owned by the minor or to mortgage or otherwise dispose of the real estate, as fully and effectually as if the minor was of full age.

    (2) The order of removal of disabilities may be made by the courts, or the respective judges thereof in term time or in vacation, and, if made in vacation, shall be entered at large upon the records of the court.

    (e) After the filing of a petition to remove the disability of a minor, the court shall fix a time and place for hearing the petition. At least twenty (20) days before the date of the hearing, notice of the filing of the petition and of the time and place of the hearing shall be given by the petitioner to any parent or legal guardian of the minor who has not joined in the petition. The notice shall be given in the same manner as is provided for summons under the Arkansas Rules of Civil Procedure.
    The second option is marriage, with Arkansas permits with parental or court approval in the event of pregnancy.

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