Full question:
My Girlfriend has been living with her parents her entire life. She does not enjoy living with them and she wants to leave the house and she really can't because her parents are way too high maintenance and they refuse to let her go. Her parents mistreat her and she wants to leave. Her dad beat her in the past and her mom takes things way over the top. Not to mention I got her pregnant but I want to get her out of that house and she wishes to get out also. How can she get out? She's only 16.
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Maryland
Answer:
The “law” on emancipation in Maryland is not clear-cut. There is no written statute or court rule that sets out a procedure for emancipation. The lack of an emancipation statute means that judges will apply “common law”. Common law is the compiled history of what other judges in the past have said and what the common “practice” has been. Each case will be a matter of subjective determination for the court, based on the facts and circumstances involved, such as the purpose for the emancipation request.
Unlike marriage, getting pregnant and having children does not mean that a minor is emancipated. The reasoning is that when a minor marries the spouse (rather than the parents) will support the minor. By contrast in most cases, a minor who is pregnant (or recently gave birth) will continue to depend on parents or legal guardians for financial support.
In Maryland there are exceptions to this general rule.
A pregnant female over age 16 is "emancipated with respect to matters concerning the pregnancy" (In re. Smith 16 Md. App. 209,295, A.2d 238 (1972)). This means that she has the right to control her own decisions about her pregnancy. This includes decisions about pre-natal care and abortion.
Another exception would be if a minor moves out of a parent's house and sets up housekeeping with the child's father, a friend, or partner. Depending on overall circumstances, this may show that she intends to be free from the parent's custody, control and support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
