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I really need advice about my pregnant 16 year old daughter.

  • Thread starter Thread starter lisalisa5150
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lisalisa5150

Guest
my 16 year old daughter has created turmoil in our home , these problems started at age 12. I have taken her to numerous doctors & psycologist. she is physicaly & verbaly abussive to her 11 year old brother & i both . she is well known to our local police dept. registered gang member. & now she is pregnant by her 19 year old boyfriend. how would i go about having her emancipated. or at least legaly removed from my home.:(Sorry about that) I thought I put the state,. We live in california. Thank you so much to any one who has some advice ,I am just about to the end of my rope , I have hoped for so long now she would change, because she is a very bright & beautiful girl But she is so rude & inconsiderate to her brother & I and its just getting worse with each passing day , I am seeing so much resentment & anger in my sons eyes at her for being so rude & at me for not knowing how to stop her. this is a serious metter to me if I needed a smart ass I would just go in my living room .I would appriciate some ideals so ican help myself and some one I love very much.
 
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Grandma B

Guest
lisalisa5150 said:
my 16 year old daughter has created turmoil in our home , these problems started at age 12. i have taken her to numerous doctors & psycoligist. she is physicaly & verbaly abussive to her 11 year old brother & i both . she is well known to our local police dept. registered gang member. & now she is pregnant by her 19 year old boyfriend. how would i go about having her emancipated. or at least legaly removed from my home.:(

The instructions in bold red at the top of the page tell you to include your state name. That is doubly important in your case because emancipation laws vary greatly.

In some states, teens are never emancipated; in others, the act of giving birth emancipates them.
 

LegalBeagle

Senior Member
lisalisa5150 said:
my 16 year old daughter has created turmoil in our home , these problems started at age 12. i have taken her to numerous doctors & psycoligist. she is physicaly & verbaly abussive to her 11 year old brother & i both . she is well known to our local police dept. registered gang member. & now she is pregnant by her 19 year old boyfriend. how would i go about having her emancipated. or at least legaly removed from my home.:(

With great difficulty. The state is not in a habit of forcing tax payers to pay for other parents problems.
 
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tricialou

Guest
not trying to sound funny but these talk shows promote the scared straight program for angry, out of control teens. is there anything like that in your area?
 

VeronicaGia

Senior Member
California Emancipation Laws

www.leginfo.ca.gov/calaw.html


7002. A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:
(a) The person has entered into a valid marriage, whether or not the marriage has been dissolved.
(b) The person is on active duty with the armed forces of the
United States.
(c) The person has received a declaration of emancipation pursuant to Section 7122.

7120. (a) A minor may petition the superior court of the county in
which the minor resides or is temporarily domiciled for a declaration of emancipation.
(b) The petition shall set forth with specificity all of the
following facts:
(1) The minor is at least 14 years of age.
(2) The minor willingly lives separate and apart from the minor's
parents or guardian with the consent or acquiescence of the minor's parents or guardian.
(3) The minor is managing his or her own financial affairs. As
evidence of this, the minor shall complete and attach a declaration
of income and expenses as provided in Section 1285.50 of the
California Rules of Court.
(4) The source of the minor's income is not derived from any
activity declared to be a crime by the laws of this state or the laws
of the United States.



7121. (a) Before the petition for a declaration of emancipation is
heard, notice the court determines is reasonable shall be given to
the minor's parents, guardian, or other person entitled to the
custody of the minor, or proof shall be made to the court that their
addresses are unknown or that for other reasons the notice cannot be given.
(b) The clerk of the court shall also notify the district attorney
of the county where the matter is to be heard of the proceeding. If the minor is a ward or dependent child of the court, notice shall be given to the probation department.
(c) The notice shall include a form whereby the minor's parents,
guardian, or other person entitled to the custody of the minor may
give their written consent to the petitioner's emancipation. The
notice shall include a warning that a court may void or rescind the
declaration of emancipation and the parents may become liable for support and medical insurance coverage pursuant to Chapter 2 (commencing with Section 4000) of Part 2 of Division 9 of this code and Sections 11350, 11350.1, 11475.1, and 11490 of the Welfare and Institutions Code.

7122. (a) The court shall sustain the petition if it finds that the
minor is a person described by Section 7120 and that emancipation would not be contrary to the minor's best interest.
(b) If the petition is sustained, the court shall forthwith issue
a declaration of emancipation, which shall be filed by the county
clerk.
(c) A declaration is conclusive evidence that the minor is
emancipated.

7123. (a) If the petition is denied, the minor has a right to file
a petition for a writ of mandate.
(b) If the petition is sustained, the parents or guardian have a
right to file a petition for a writ of mandate if they have appeared
in the proceeding and opposed the granting of the petition.

In other words, your child will not be emancipated until she has reached 18 years old.
 

I AM ALWAYS LIABLE

Senior Member
VeronicaGia said:
7120. (3) The minor is managing his or her own financial affairs. As evidence of this, the minor shall complete and attach a declaration of income and expenses as provided in Section 1285.50 of the California Rules of Court.

My dear Veronica:

Please read our writer's description of this recalcitrant child once again. The writer is describing a complete, social, misfit. A complete waste of time and effort. Do you really believe that this State, or any State, would emancipate this future Welfare recipient ?

The writer's child can't even manage sex - - do you really think the child has the capability of "managing his or her own financial affairs" ?

IAAL
 
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2teens

Guest
have you thought about reporting her as an encouragable teenager and getting her sent to lockdown facility making her a ward of the court until she is 18? i have had so many problems with my teen daughter also and once when she kicked in my door and turned over the kitchen table and had missed alot of school because she refused to go, i called the sheriff and this was one of his suggestions. he said that i needed to start documenting everything that she did and file papers against her as an encouragable teenager. he called my daughter and let her know in no uncertain terms what my next step was going to be if she didn't straighten up. She isn't completley straight but she is alot better now so i never had to do that but rather than turning her lose on her own i think i would put her in a more disiplined enviroment if it was available.

2teens
 

VeronicaGia

Senior Member
IAAL - maybe you misunderstood

That is specifically why, at the bottom of my post, I stated:

"In other words, your child will not be emancipated until she has reached 18 years old."

It is also the reason I posted the laws. This child has absolutely no qualifications described in the laws, therefore, mom is pretty much stuck.
 

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