 |
My mom for some reason kicked my boyfriend out. He paid the rent and bought everything for me. He always helped them out when they needed it too. So I moved in with my biological father that already gave up his parental rights. Now he won't let me see him either and he's never met him. So, I was wondering what would legally happen if I ran away to France or something out of the united states? What kind of trouble would I get in? And could I still be in trouble if they find me after I am 18?
You don't need to do anything as drastic as leave the country.
What state do you live in?
If you run away with him they could get him for kidnapping
There are other solutions.
He's 20 and We live in Arkansas. Well if he doesn't leave with me he can't get in trouble. I'd actually be following him because he left and went to england to meet his half sister and wouldn't know I was even coming
You are old enough to be with your boyfriend but you have to wait until your 18th birthday to be allowed to leave your parents.
How old was you when your mother allowed him to move in? Your father, most likely, don't want you to see him nor does he want to meet him because he probably thinks your mother was wrong for allowing that and might feel your having sex and don't approve. Fathers think this way and therefore find it hard sometimes to accept their daughter boyfriends at any age and especially at yours.
In order to leave the state you need a passport and content from both parents when leaving the states under 18, I believe.
I just went and got my own passport
Change in the age for parental consent and issuance of passports to minor children:
Effective February 1, 2008, both parents must appear or sign consent forms for a child under 16 to apply for a passport. Formerly, the requirement for both parents to consent was for children under 14. It is now required for children under 16.
Effective February 1, 2008, a parent may request that their minor children's (under 18) names be entered in the U.S. Passport name-check system. Once entered into the system, the program known as the Children's Passport Issuance Alert Program (CPIAP) will notify the parent if a passport application is submitted in behalf of his/her minor child(ren), and will deny the issuance of a passport if there is an appropriate court order on file with the CPIAP.
Just because you were able to obtain a passport doesn't mean there will not be legal problems.
Your parents could press charges just because you were with him even though you did not leave with him.
Do you work and is able to support yourself? You can get try and get emancipated at the age of 17.
You still have to have parents consent to be emancipated and she is going on 17
Not that long to wait for 18 to get here.
You do not parents consent to get emancipated, the judge makes the decision if a child can get emancipated.
The father already signed over his rights and the mother allowed the boyfriend to move in when she was 18. Now she thinking about leaving the states with him. The mother should have never allowed this anyway.
Arkansas Code: 9-27-362. Emancipation of juveniles.
(a) A petition for emancipation may be filed in a circuit court by the attorney or the attorney ad litem for a juvenile who is in the custody of the Department of Health and Human Services pursuant to a dependency-neglect, dependency, or family in need of services case.
(b) The petition shall be served along with a notice of hearing to the juvenile's parent, legal guardian, or legal custodian.
(c) The circuit court has the authority to emancipate a juvenile in a dependency-neglect, dependency, or family in need of services case.
(d)(1) The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that:
(A) The juvenile is at least seventeen (17) years of age;
(B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;
(C) The juvenile has an appropriate place to live;
(D) The juvenile has been managing or has the ability to manage his or her own financial affairs;
(E) The juvenile has a legal source of income, such as employment or a trust fund;
(F) The juvenile has health care coverage or a realistic plan on how to meet his or her health needs;
(G) The juvenile agrees to comply with the compulsory school attendance laws; and
(H) Emancipation is in the best interest of the juvenile.
(2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision.
(3) If the juvenile has an attorney ad litem, the court shall consider the recommendation of the attorney ad litem.
(e) An order of emancipation has the following effects:
(1) The juvenile has the right to obtain and consent to all medical care, including counseling;
(2) The juvenile has the right to enter into contracts;
(3) The juvenile has the right to enroll himself or herself in school, college, or other educational programs;
(4) The juvenile has the right to obtain a driver's license without consent of a parent or other adult so long as the juvenile complies with the remaining requirements of the driver's license law;
(5) The juvenile's parent, legal guardian, or legal custodian is no longer legally responsible for the juvenile;
(6) The juvenile may still be charged with a delinquency and prosecuted in juvenile court;
(7) The juvenile may not marry without parental permission pursuant to § 9-11-102;
(8) The juvenile is not relieved from compulsory school attendance;
(9) The department is not relieved from the responsibility of providing independent living services and funding for which the juvenile is eligible upon request by the juvenile;
(10) Child support orders are not terminated but may cease upon entry of an order from the court that issued the order of child support;
(11) Until the juvenile reaches the age of majority, the juvenile remains eligible for federal programs and services as a juvenile;
(12) The juvenile is not permitted to obtain items prohibited for sale to or possession by a minor, such as tobacco or alcohol;
(13) The juvenile remains subject to state and federal laws enacted for the protection of persons under eighteen (18) years of age such as the prohibition against a juvenile's obtaining a tattoo; and
(14) No statute of limitations is affected.
History. Acts 2005, No. 1990, § 19.
I read and was going post it after my boss left and still does not state you need parents permission. In this case the mother allow the child boyfriend to live with her and what parent would.
It sounds like (2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision.
Means the parents are not left out in the dark and the Judge does take it into consideration what they have to say. Just because she let the boyfriend stay there doesn't mean she didn't have good reason to kick him out and that could work in the moms favor. Also the Judge looks at if she is just trying to get out from her parents rules or if she has just cause to need emancipated.
I knew a guy a couple years ago that the girls parents moved him into their daughters bedroom and then kicked him out AND had him arrested for statutory rape after the daughter got pregnant. She was 16 he was 19.
Now my state law is a girl can be with whoever (bf) they want when they turn 16.
I understand they allow the parent input, just like in a custody battle they will allow the child input, depending on age, and the judge decides like I stated early.
Your friend case was different and this case the op stated it was about money. Rape is a crime and I sure if it was the case he be behind bars.
I don't care what the age of consent is, I would never allow my teenager boyfriend to move in. That's wrong morally and any parent in they right mind would not allow it.
I agree the mom should never of allowed him to move in.
MY point was That does not nullify the law or the mothers rights.
The question is
Does she fit into the guidelines of being emancipated any way?
She hasn't said she can support herself, have a job and a plan and all those things.
Appropriate place to live doesn't mean going to live at somebody else's house generally
The Judge is going to look at motives, plans and how responsible she is
A Judge is not going to go with I want emancipated because I want to go live in my boyfriends bedroom.
It states that she must have an appropriate to live it did not state anything about not being able to live with someone. It just have to be appropriate, she don't need her own place.
My cousin got emancipate and she won and moved in with me.
So a Judge is going to go for emancipating her with possibly no job and only wanting to move out from under her parents rules to move in her bf's bedroom?
Your cousin may have had extenuating circumstances or fit the other guidelines
You say her mom was wrong for approving him to move in on the other hand you are condoning her to move in with her boyfriend?
Also she said she got a passport which could backfire on her if her parents report her as a runaway which they most probably will do. And as I said a minor just having a passport alone doesn't guarantee she can leave the country. Another country could want other documents stating she can travel because of the abduction laws.
Quote:
Originally Posted by liz28
Unless NYS law has changed - and it very well may have - all you need to do is apply to be emancipated. There are no guidelines. If there are/were no objections - you're emancipated.
My niece got herself emancipated and moved in with me some years ago - the Judge asked her if she wanted to be emancipated, her parents didn't object, she got emancipated. I found no protection for her in the process at all.
She was 16.
The laws must really be changing but does that mean she can go to England with her passport?
And why are we always telling 16 year olds they have to wait until they turn 18 to be with their bf's if all they have to do is tell the Judge they want emancipated because they don't like their parents rules?
I think 3/4 of the teens that live in the states that allow it would get emancipated right away.
Quote:
Originally Posted by N0help4u
I don't see this girl meeting these guidelines (below) which are the law in her State so I think the discussion is moot - if she runs (and anyone reports her) she will be brought back. I believe the parents could accuse the boyfriend of parental alienation, unlawful interference, sort of leading the girl astray, whether it's true or not.
You can't compare emancipation in one State with emancipation in another - and there are run ins on the legal board on this same subject all the time. Some States have no rules, easier rules, difficult rules. In some States the parents can 100% stop emancipation even IF the juvenile meets all the criteria.
Again - I think it's moot. She can't be emancipated.
(C) The juvenile has an appropriate place to live;
(D) The juvenile has been managing or has the ability to manage his or her own financial affairs;
(E) The juvenile has a legal source of income, such as employment or a trust fund;
(F) The juvenile has health care coverage or a realistic plan on how to meet his or her health needs;
(G) The juvenile agrees to comply with the compulsory school attendance laws; and
(H) Emancipation is in the best interest of the juvenile.
(2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision.
| All times are GMT -7. The time now is 07:19 AM. |