Can my 16-year-old daughter choose where to live after having a baby?

Full question:

My husband and I are not yet divorced, but we have been seperated for over 1 year. He lives in Las Vegas and I live in Utah. I currently am not employed and I am living with my parents while looking for a job and a home for my children and myself. Because I am not working, he feels it is in the best interest if our children that he just show up today and take the children back to Vegas with him, which I do not want happening and they do not want to go, especially our 16 year old daughter who just had a baby of her own. I was told by a hospital that with the birth of her own child, she is now emancipated, which I would assume she has the right to make her own choice in this matter. Can you tell me if this is correct or if she has the right to choose where she wants to stay due to her age?

  • Category: Minors
  • Subcategory: Emancipation of Minor
  • Date:
  • State: Utah

Answer:

Having a baby does not automatically make a minor emancipated. Emancipation requires a court to determine that the minor is at least sixteen years old, able to live independently, and capable of managing their own financial affairs.

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.

FAQs

Yes, adultery can still occur during a separation. If one spouse engages in sexual relations with someone else while still legally married, it is considered adultery, regardless of separation status. However, the specifics can vary by state, and some may consider the circumstances of the separation in legal proceedings.