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Speak Up! - View Question #22890 |
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Question: I'M 17 AND ABOUT TO HAVE A BABY. WHAT LEGAL RIGHTS DOES MY MOTHER HAVE OVER THE CHILD? MY MOTHER'S HOME IS NOT THE TYPE OF ENVIRONMENT I WANT TO HAVE MY CHILD IN, DO I HAVE LEGAL RIGHTS TO LEAVE WITH MY CHILD EVEN THOUGH I'M 17?
Answer: Parents are responsible for their minor children. Your parent is legally responsible for you until you are 18 years old unless you are emancipated (A.R.S. § 12-661). Your pregnancy does not mean that you are emancipated and so you are still under your parents' care.
Even though you are a minor, you still have the right to make decisions for your child. However, your parent is NOT legally obligated to support your baby. If the minor and the baby's father and any other willing relatives cannot or will not support or care for the baby, the government may step in. This could result in the baby becoming Dependent. Some Dependent children live with birth parents or other relatives but are subject to government monitoring. Other Dependent babies are placed in foster care.
Emancipation would give you almost all rights of an adult, but it is a difficult process. When a minor applies or 'petitions' the court for emancipation, the court will look for evidence of the minor’s ability to be completely independent, both financially and emotionally. The court will weigh all relevant factors, including housing, and will determine if emancipation is in the best interests of the minor (A.R.S. § 12-2451(B) Petition for emancipation order; requirements; notification; representation; waiver of filing fees). Solely being pregnant without meeting the other requirements in the statute will not constitute being emancipated. You must meet the rest of the requirements in the statute.
The Arizona Legislature passed the laws allowing emancipation on August 12, 2005. The laws can be found at A.R.S. §§ 12-2451 through 12-2456. You can also read a summary of the law and the process on this site under Laws - Emancipation.
You can contact the Arizona Children's Law Center at 602-258-3434 x 266 for more direct legal advice for your specific situation.
See also: Answers to questions #22658, #624, #98, #22004, #18159, #18153, #128, and #20546.
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