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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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What kind of rights does a minor parent have in Oregon?

Customer Question

What kind of rights does a minor parent have in Oregon?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Unfortunately a minor has practically no rights. In terms of custody a child can only state a preference but cannot make the absolute decision as to whom they wish to live with. If the child has been removed by child protective services the child has the right to be represented by an attorney to make sure the child's best interests are met in finding suitable placement and services for the child. The child can voice an opinion but it will be up to the judge to decide whether what would be in the child's best interests.

Preview:

The law does not give a child the legal right to make decisions on where the child wishes to live. A minor lacks legal capacity to make such decisions. Only the parents or the judge make custody decisions based on what parenting arrangement would serve the child's best interest.

In general a child of 12 years and up can state only a preference but the judge decides whether to take their preference into consideration or not.

The judge must make a decision based on one or all of the following factors as stated by the Idaho custody laws. As you can see one factor is the child's wishes (again only their wish/not a decision).

Unfortunately when it comes to custody the child has no rights all custody decisions are based on the best interests of the child.



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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer: replied 9 years ago.
I'm looking for the rights of a minor that is a parent. Example: minor 16 years old has a baby, what kind of rights does she have.
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your clarification.

1) She has the same rights as an adult has when she has a baby. if she is unmarried she has sole legal custody of the child and can deny the father any access to the child unless paternity has been established.

2) She can deny access to the grandparents as the law considers the parent capable of making the right decisions on behalf of her child.

3) She has the right to file for child support against the father. If the father is also a minor, the paternal grandparent's can be made responsible for child support on behalf of their son until the son is employed.

4) She can decide to place the child for adoption or relinquish her parental rights and does not need the consent of her parents.

5) She has the right to make medical decisions for herself and her child.

6) The pregnancy does not automatically confer emancipation rights, she is still a minor and still in the custody of her parents or guardian despite the rights she has.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator and 3 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
When she turns 17 does any of that change?
Expert:  Attorney & Mediator replied 9 years ago.
No, none of these rights change when she turns 17, these are rights that come when she becomes pregnant and are carried out through the rest of her life.

The only thing on the list that changes is collecting child support from the grandparents. When the father of the child becomes and adult or is employed as a minor, child support obligations will be against the father not the grandparents.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.