Full question:
I'm 17. I'm pregnant and my home situation is bad and really stressful. They want me to have an abortion, and I want to keep it. Can i move in with my boyfriend where it is a safer environment and the baby will be taken care of? I live in east TN.
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Tennessee
Answer:
Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. A child who is being supported by a another who is not a spouse is generally not considered emancipated, the child needs to be able to live independently and be self-sufficient. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand. Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order.
It is possible for a minor to file a petition for emancipation in the court where the minor resides. A hearing will be held and the minor must demonstrate the ability to live independently and be self-supporting. The court may grant emancipation if it determines it's in the minor's best interests. It is a subjective determination made based on the facts and circumstances in each case.
Criteria for determining whether a decree declaring emancipation is in the minor's best interest vary among the states. However, common criteria include the minors' ability to support themselves financially, either currently or in the future; the minors are currently living apart from their parents or have made adequate arrangements for future housing; the minors can adequately make decisions for themselves; the minors are attending school or have already received a diploma; and the minors exhibit sufficient maturity to function as adults. Upon achieving emancipation, the minor thereby assumes the rights, privileges, and duties of adulthood before actually reaching the "age of majority" (adulthood). At that point, the minor's parents are no longer responsible for that child and, also, have no claim to the minor's earnings. During the court proceedings and before granting emancipation, the court considers, primarily, the best interests and level of maturity of the minor and confirms that the minor is able to financially support him or herself.
Please see the following TN case law:
http://tennessee.gov/tccy/tnchild/33/33-8-104.htm
http://www.tncourts.gov/OPINIONS/TCA/PDF/052/OglesbydlOPN.pdf
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.
