Can a Parent Seek Emancipation

[poofoo]

What is the name of your state? Texas is where my sister lives with her 11 yr old son. kansas is where her 17 yr old daughter lives. the daughter was taken out of my sisters custody because they felt she couldn't take care of her. my niece has a 3 yr old daughter & is pregnant with her 2nd child from a different boy. the courts in kansas are telling my sister that she needs to pay child support to her 21 yr old son whom the 17 yr daughter is living with. they made this decision 3 wks ago. she got a phone call today stating that my 17 yr old Pregnant niece & her 3yr old daughter have to come & live with my sister, my 11 yr old nephew, my 9 yr old son & my self. we live in a 2 bdrm duplex. we live in tarrant co. which is a bigggg co. can my sister obtain emancipation. she wants to give up her rights as her parent. my niece is out of control & won't listen to anyone but herself & her 17 yr old friends. help help help!!!!!

 

[stealth2]

It's really unlikely she's going to be able to do that. What she may be able to do is have her daughter committed to state custody - but she should be aware that she's likely to be responsible for paying the state for her upkeep. Where is her father?

 

[poofoo]

the father already has a new family with 5 kids of his own! how could she go about doing what you suggest? would that include her 3 yr old child? who's law would it fall under since the only parent lives in texas & the child lives in kansas?

 

[pucker]

I'm not sure if this is right or not, but I thought once a minor has a child of their own that automatically emancipates them.

 

[stealth2]

What state has jurisdiction? Who took the child out of her custody and decided she should live with her brother in KS? Who has decided she can't live with the brother anymore? Sorry - these are questions that came to me after I posted. What your sister may want to do is call whatever entity removed the girl from her custody in the first place and ask what to do.

As for the 3yo - guess it depends on why the older child was removed.

and no, pucker - having a child does NOT emancipate her. Otherwise we'd have 14 and 15 yo girls running around having babies just so they could go do what they want.

 

[poofoo]

Well the 3 yr old child is my niece's daughter not my sister's child. The state os Kansas took my niece from my sister because they felt that my sister couldn't control her mainly because she was 14 when she got pregnant with a boy who @ the time was 15 & not a legal residant of the US & the fact that she kept missing school. My sister has court dates about 1 or 2 times every other month it just depends on the judge. The judge in Kansas decide that my niece could no longer live with my nephew {her brother} because she is 17 yrs old & pregnant again & they figure that he is to young to handle her & that she needs her mom?

 

[stealth2]

Then KS has jurisdiction - your sister should call the caseworker there to find out what to do if she can't take the 17yo. What happens w/the 3yo will likely depend on what happens w/the 17yo. I don't have any answers there.

 

[poofoo]

What exactly should my sister stated, ask or request when she calls the caseworker?

 

[stealth2]

I'd tell them that she is in no position to keep the 17yo, and what are the available options.

 

[poofoo]

my sister didn't get a chance to call the KS caseworker so that she may speak w/her regarding her options like the ones you suggested for example. Las nite we had a CPS social worker come by the house & speak with each one of us. Asking us about our finances if we would want my niece & her 3yr old daughter to live with us & why or why not. He was @ my home from 8:30 to 11pm. What do you think this means.

 

[stealth2]

I think it means that they're not just sending the 17yo out to your house! Did either you or your sister tell the guy that you don't think you can have her living there? Or ask HIM what the options might be?

 

[poofoo]

He asked me if I thought that we could take care of her, her 3yr old daughter & my niece is also 3 or 4 months pregnant with a different man other than the man that fathered her 1st child. I honestly told him that it isn't my decision to make but if it was then I would have to say that it would be Very Very Very hard. Because we would not just be caring for 1 person but ultimately 3 people. He also asked if I thought that between my sister & I is there anyway that we can control here & I told him that unless we tied her up she wouldn't follow our rules because she would do what she wants & bring her baby down with her. We didn't get a chance to ask him about other options because we couldn't really understand some of the things he was saying. What do you think?

 

[stealth2]

I don't know why you didn't simply tell him that you are already putting up your sister and 11 yo nephew and there is no way you can put up 3 more people.