My husbands daughter, to which doesn't live with us is expecting in September. Her mother is telling us that once the baby is born (because she is a minor) she will be the legal guardian. Is this correct? I just think the baby is the 16 year old daughter and has nothing to do with her mother. Any Ideas?

Depends on where you are. In some states, having a baby will emancipate a 16 yr old. You need to check with the Family Services agency where she lives.

No the 16 year old will be the mother, there is now law stating that you have to have children at a certin age, she will have custody of her own child unless she signs it away

I don't know how it works in the states sorry for previous answer if it was different in usa

We are in Indiana. Thanks for any help, anyone can give.

Check out this:

http://www.in.gov/dcs/files/8.36_You...h_Children.pdf

It seems to indicate differently.

Thanks so much, the only thing different about this case is. The Minor child who is expecting is living with her mother. Her mother is the one that say's she will be the baby's guardian, not the Minor child. We do not agree, if the Minor child elects to keep her baby she should be the legal guardian, not the grandmother that they live with.

Just because the mother is living with her mother, doesn't automatically make her guardian. At least that's the way I took it. Check with the state or local ngency.

Only if the 16 year old signs paperwork that says her mother is the baby's guardian. It is not automatic.

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Originally Posted by nugentb

Thanks so much, the only thing different about this case is. The Minor child who is expecting is living with her mother. Her mother is the one that say's she will be the baby's guardian, not the Minor child. We do not agree, if the Minor child elects to keep her baby she should be the legal guardian, not the grandmother that they live with.

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Indiana is one of those states that doesn't have emancipation clauses in its law. The only way it can occur is all parties must agree before a judge. If the minor child gives birth and isn't emancipated then they have no legal standing for signing documents of a promisary nature. A minor child can't sign for a loan or other legal documents and be bound by them. Emancipation would allow for it but as I had said before and as Scott mentioned some states its automatic and in this case ( Indiana ) isn't one of them. More then likely the courts would grant the custodial parent the right of guardianship until the minor child reachs 18 ( even though emacipation of a minor in Indiana isn't until 21 )

Califdad makes an excellent point. A minor cannot enter into a contract. Therefore, a minor parent might not be legally able to be guardian of her child. So, a responsible adult may be apponted guardian until the parent reaches majority.