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Old 03-12-2009, 04:51 PM   #1 (permalink)
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Is It legal???

my girlfriend is 17 and a minnesota resident, she just gave birth to our son. She went to visit her mom who is her guardian and has full parental rights. Her mom lives in california and will not let my girlfriend leave. she keeps threatening to get CPS involved with our child. would it be legal for my girlfriend to leave and come back to minnesota without her mothers permission? wlaways thought when a girl had a child that emancipated them from guardianship.??? at least in minnesota. can somebody please let me know. I would love to see my son and my girlfriend. someone help!
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Old 03-12-2009, 05:12 PM   #2 (permalink)
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Originally Posted by gunn188 View Post
my girlfriend is 17 and a minnesota resident, she just gave birth to our son. She went to visit her mom who is her guardian and has full parental rights. Her mom lives in california and will not let my girlfriend leave. she keeps threatening to get CPS involved with our child. would it be legal for my girlfriend to leave and come back to minnesota without her mothers permission? wlaways thought when a girl had a child that emancipated them from guardianship.??? at least in minnesota. can somebody please let me know. I would love to see my son and my girlfriend. someone help!
Sorry--giving birth does NOT emancipate a minor.

Emancipation is a legal process a minor goes through to establish their legal independence.

She has to respond appropriately to wishes of her guardian. However, this does not mean she can keep you from seeing the child, if a paternity test proves the child is yours. But, you will have to go there to see the child--they will not be required to ship the kid to you for visitation, especially not at this young age.

I am confused, though--if the girl friends mom has custody of her, how did she get to be in Minnesota, and turn up pregnant? With whom was she living in Minnesota?
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Old 03-13-2009, 09:40 AM   #3 (permalink)
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they used to live in minnesota. In minnesota there is no clear emmancipation law. Meaning there is no process to complete in order to become emmancipated. She and I already looked into that. Her mother kicked her out of her house when she was 15 and she was living with her aunt as well as other members of her family. We met through her aunt who was trying to introduce me to her daughter. She just recently got in touch with her mom. before that she stayed with me for about 9 months to a year
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Old 03-17-2009, 07:41 PM   #4 (permalink)
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Originally Posted by gunn188 View Post
they used to live in minnesota. In minnesota there is no clear emmancipation law. Meaning there is no process to complete in order to become emmancipated. She and I already looked into that. Her mother kicked her out of her house when she was 15 and she was living with her aunt as well as other members of her family. We met through her aunt who was trying to introduce me to her daughter. She just recently got in touch with her mom. before that she stayed with me for about 9 months to a year
Case law has provided a way for children in Minnesota to become emancipated.

When a child becomes emancipated they are asking the judge to grant them authority to do the same things as a person who has reached the Age of Majority which is or 18 or 19 years old in most states. In the State of Minnesota this age is 19.

If the child receives permission from the court or the parents to be emancipated then the parents or the guardians are not responsible for the child. That means they are not obligated to provide money, medical insurance or any other kind of support.

Before a child gets emancipated he or she must be able to provide for themselves, handle their own money and have a legal way to make money. All these conditions at a minimum must be met before the judge will make a ruling in favor of the child.

What are some of the general rules on how to get emancipated in Minnesota?
  • The child must be a resident of Minnesota
  • The child has to be at least 16 years of age
  • The child must be living separate and apart from the parents or guardian
  • The child must be capable of supporting himself or herself financially and managing his or her own affairs
  • Each parent or guardian must consent (although there are certain exceptions)
  • Not a ward of the state
Just because a child becomes emancipated there are still certain responsibilities the child must take care of themselves:
  • Cannot drink alcohol until the legal age in that state
  • Must attend school
  • Cannot get married unless he/she has parents permission
  • Cannot vote until the age of 18
  • Cannot purchase cigarettes or alcohol
  • Cannot purchase or possess firearms
Now for the good news about emancipation. The child who is granted emancipation can get medical care, apply for a work permit, sign up for school and go to college and live where he/she wants to. Remember this is a big responsibility and when you ask for it you really should be ready to receive it.

If you want to get emancipated then go to the appropriate juvenile court to start the proceedings. You probably be interviewed to make sure you understand the ramifications of emancipation. If it is deemed that you are a candidate then a petition in juvenile court should be filed to start the process.

Once you are emancipated make sure you keep your papers with you at all times. When things occur you might have to provide proof of emancipation!
[COLOR=#800080]http://blog.laborlawtalk.com/2006/11/12/how-to-get-emancipated-in-minnesota/[/COLOR]

Although the girl has lived with other people the past few years, if her mother is still her legal guardian, then her mother still has the "say" about what she does, where she goes, etc.
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