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My 19 yr old son is not married to the 17 yr old mother of his 2 month old son. The mother of the girl wants to move her daughter and the baby from Arizona to Texas in a week or so. The daughter does not want to move to Texas. They would be living with her biological father who has a history of drug use,physically and emotionally abusing the daughter and her mother, past legal problems with the law and is on medications for mental illness. The mother has a history of moving from family member to family member or from man to man to make ends meet. The daughter wants to live here and raise her son in a stable environment in our home with my son. The daughter wants to finish her GED and then go to nursing school here. We need advice on how to stop her mother from making her and the baby move to Texas since we are worried about how stable and safe the living situation would be.
State/Country relating to Question: Arizona Already Tried: Talking to the girls mother and suggesting she stays here with the baby. She would have 6 months to get her GED and enroll in nursing school or she would be sent back to her mother. All of this would be put in writing as well.
THE 17 YEAR OLD CAN FILE FOR EMANCIPATION AND BE ALLOWED TO LIVE ON HER OWN OR WITH YOU AND CONTINUE HER EDUATION.ALSO, THE BIOLOGICAL FATHER CAN FILE FOR CUSTODY OF THE CHILD, AND STOP THE RELOCATION AS IT WILL HARM HIS VISITATION RIGHTS TO HIS CHILD. THE COURT WILL USUALLY GRANT THE ORDER. IF THE MOTHER TURNS 18 SOON, IT WOULD BE NO ISSUES, THE PROBLEM HE MAY HAVE IS A CRIMINAL PROSECUTION BY HER SIDE FOR STATUTORY RAPE.
I see no allowances in Arizona laws that allows a minor to get emancipation if not living on her own and being financially independant. This girl recieves social security benefits from her father. That is her source of income right now. So she cannot apply for emmancipation sice she does not meet the requirements as far as I can see. She will not be 18 for 10 more months.These two have been dating over a year with her mothers consent. Since the mother knew the ages involved can statutory rape charges still be filed against my son?It sound like we have no way to protect the daughter and her baby.
IF SHE LIVES WITH YOU SHE CAN, IF SHE IS GOING TO BE SUPPORTED BY HER FATHER THAN NOT, AND LIVING WITH THEM. BUT HIM FILING A CUSTODY VISITATION CASE IN FAMILY COURT IS CLEARLY THE BEST OPTION EITHER WAY, ALSO YOU AS A GRANDPARENT CAN FILE ALSO TO STOP ANY RELOCATION.
You wrote..."IF SHE LIVES WITH YOU SHE CAN, IF SHE IS GOING TO BE SUPPORTED BY HER FATHER THAN NOT, AND LIVING WITH THEM"We do not understand this answer. Please clarify.
IF SHE MOVES IN WITH YOUR FAMILY, SHE NO LONGER WOULD BE SUPPORTED BY THEM AND CAN FILE FOR EMANCIPATIONhe Arizona Legislature passed a new law that goes into effect on August 12, 2005 that allows minors to be emancipated. Emancipation means that you are legally free from your parents or legal guardian. Once emancipated you have many of the same rights and obligations as an adult. However, emancipation is a very difficult process that few are eligible for.
Youth can be emancipated if they meet the following criteria:
Documentation-- the minor must provide at least one (1) of the following:
Court Process
Basis for Court decision
I do not want my son to be charged with statutory rape because her mother wishes to be vindictive. How do I file to stop the relocation? Not sure I want to risk my son being labeled as a sex offender. His life would be ruined. I also do not see how the girl meet the requirments to get emancipated if she is living here. Living here is not living independantly and I would be her financial support instead of her being financially independant. That does not seem to meet the requirements for emancipation or am I mistaken?
YOU WOULD FILE A CUSTODY PETITION, AND AN EMERGENCY PETITION TO STOP A RELOCATION IN THE LOCAL FAMILY COURT. SHE WOULD CALIM EMANCIPATION FROM HER PARENTS, IF SHE IS BEING SUPPORTED BY SOMEONEL OTHER THAN HER PARENTS, SHE WILL BE NO LONGER UNDER HER CONTROL.
I think I understand what you have said. My concern is that if I take any action it could result in statutory rape charges filed against my son and his life ruined since then he would be labled as a sexual offender.So if I understand you correctly at any time before she turns 18 those charges could be filed against my son by the mother or the state. Am I correct? You said she can be emancipated while living in my home and being supported by me? How is that possible since she would not be living independantly (on her own ) and not financially independant since I would be supporting her. Doesn't living independantly mean living alone and being financially independant mean making your own money?Sorry, I am a bit confused. Thank you for your patience.
AT 18, ONLY SHE CAN FILE. FINANCIALLY INDEPENDENT MEANS INDEPENDENT FROM HER PARENTS, SO CHILD SUPPORT OBLIGATIONS END, THE FACT SHE IS BEING SUPPORT BY THE FATHER FAMILY IS PROOF SHE CAN SHOW THAT SHE NO LONGER NEEDS THEIR SUPPORT. ALSO, THE FACTS OF THE CASE, WILL NOT MAKE IT SO HARD, AS SHE IS 17, AND A MOTHER OF A TWO MONTH OLD, SHE CAN STATE SHE IS BEING SUPPORTED BY THE FATHER OF THE CHILD. SHE WILL NEED CONSENT TO MARRY AS SHE IS UNDER 18, AND CAN GO THAT ROUTE ALSO.
One more clarification please.She has a good chance of getting the emmancaption but would have to live here for 3 months first? Or am I misundertanding and she could file without living here for the 3 months since we ( my son who is the baby's father & I ) would be willing to support her and the baby?
if she moves out to live with him and you, you could file custody for her and the child and she would file for emancipation against her parents. she does not have to wait 3 months, she would petition the court first, and the hearings would be later, they give the parents a chance to argue against it. but she would be apart during that time, no court would force her back to her parents.
Attorney
10 years experience, General counsel for National Corp. firms, C.U.N.Y. INSTRUCTOR,