Age of Majority and Emancipation
Under the law of most states in America, a person is considered a minor until they reach the age of 18. Some states like Alabama and Nebraska set this age at 19. And, in the District of Columbia the age is 21.
Age of majority matters in many ways because specific laws apply to protect minors and after reaching legal adulthood, teens are able to enter contracts, be jailed and are legally responsible for their actions.
Most states allow youth to become emancipated from their parents. In these proceedings, a young person seeks to be deemed a legal adult. In so doing, they must prove that they can provide for their financial needs and are truly self sufficient. Court often consider these petitions and may deny one because the tribunal does not think its in the young person's best interest to be emancipated.
Certain situations may automatically or partially emancipate a teen. Marriage, parental absence in the need for medical care, certified felony convictions, and military service of ways that teens can be fully or partially emancipated; however, pregnancy or parenthood does not emancipate a young mother or father. While the young person has adult responsibilities with raising their child, they are still under the limitations of their legal status as minors.
Status Offenses
Because pregnancy and parenthood do not emancipate or deem a teen a legal adult, parenting teenagers are still subject to status offenses and obligations. School attendance is still mandatory. Curfews must be complied with. Alcohol and tobacco use are still barred. If teens violate these laws, which are fashioned for their protection, they could be subject to detention, court ordered services, or even placed in foster care. Excessive violations, being considered a runaway or non-compliance with treatment or services, could result in your parenting teen losing custody of their own child.
Custody and Visitation
Custody and visitation are confusing concepts to many parents, who have to involve the courts in their parenting relationships. Custody related specifically to who makes decisions for a child and where the child will live. Visitation relates to parent-child relationships and contact.
When a baby is born, custody rests with biological parents. In the absence of a custody order, both parents have equal rights to their newborn child; however, time or strained relationships may cause parents to want to set guidelines and boundaries on contact. Court become involved and partition out parents' rights into shared or joint aspects of legal and physical custody.
For minors, after a baby is born, the minor parents or parent holds some custodial rights. Lack of involvement in the child's life does not negate custody or residual parental rights in the absence of a court order. So, young mothers who are frustrated by young or adult father's lack of interest cannot presume that these uninvolved fathers have no rights to access to their children. Also young fathers need not presume that they have no rights when young mothers are angry and want to bar contact (in the absence of a court order.)
Minor parents and guardians of parenting teens should consider having mediated agreements or court orders entered which spell out contact and expectations. Have custody and visitation agreements in place so your parenting teen understands their obligations to promote a good relationship between the other parent and their child.
As the parent of a minor, you remain responsible for your child's financial, social and educational well being just as they are responsible for their own child's needs. People are under the assumption that teens do not have to pay child support and this is false. International, federal and state laws mandate that parents, regardless of age, provide for their offspring. In some states, teens, as young as 14 years of age, have been ordered to pay support. Non-compliance with support payments are handled the same as adult non-compliance. Detention, fines, garnishments, and liens can result. Grandparents are not legally obligation, per se, to make support payments. But, if the infant lives in their home, there are expectations that grandparents are to provide for their grandchildren or be subjected to allegations of abuse and neglect.
The world has become complicated enough with parents having to figure out how to maintain solid and supportive relationships with their children. Teen pregnancy is one of those events which can dramatically change a families plans for the future. Being aware of the other consequences of teen pregnancy may be an aid to prevention or help parents of teens better prepare their children for the obligations they may face as minor parents.
Published by Ramona Taylor
Ramona Taylor earned her undergraduate degree from Duke University and her Juris Doctor from the University of Richmond T.C. Williams School of Law. She has placed in a number of national writing compe... View profile
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