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Old 03-17-2014, 12:14 PM
 
Location: Long Island, NY
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AlyssasMommy, I think you'll get the best answers if you search the forum for the state you live in or if you Google custody rights for your state.

Hope it all works out for you
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Old 03-17-2014, 12:16 PM
 
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If you are 17 and on WICK you have a case worker you are dealing with. Talk to him/her about emancipated minor status.
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Old 03-17-2014, 12:16 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,971,308 times
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Quote:
Originally Posted by AlyssasMommy View Post
And she also said that if I moved out that she would take Alyssa and there is nothing that I can so since she has custody of me that she automatically has rights to my baby is that true?
Seems you're in Texas and yes, you can leave home at 17 in your state as long as you can support yourself and are in a safe environment. The best thing to do is to contact Legal Aid in your area and get their opinion.
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Old 03-17-2014, 12:20 PM
 
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You could apply for emancipation if you so choose, but what's the point since you're now 17? You'd have to prove you could support yourself and a child, and what your boyfriend can do won't help much.
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Old 03-17-2014, 12:20 PM
 
Location: Back at home in western Washington!
1,490 posts, read 4,775,188 times
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Go talk to your guidance councelor at school. I am not terribly familiar with custody laws, but it sounds like a strong-arm tactic that your mom is telling you that she has legal custody of your daughter because you are a minor. I don't think it is automatic like that. She would have to get a custody order from a judge. Again, this is only what I have heard.
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Old 03-17-2014, 12:32 PM
 
4,787 posts, read 11,828,502 times
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Based upon Texas law, yes you can move out- MAYBE

1) You have to do it legally- you'll need a family law attorney to draw up a petition for emancipation for you. It has to be presented to court and approved. If you have a caseworker, they may be able to point you to a lawyer.

2) You have to be able to prove your can support yourself with a job. That does no mean you will get a job in the future, it does not mean someone else will support you. It means you have to be employed and earning enough income to prove to the court that you can live on your own.

3) Having a child will neither help nor hurt you in your quest for emancipation.

You can try and see what happens but it may be better if you just hang in there for another seven months and then legally move out. Good luck
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Old 03-17-2014, 12:50 PM
 
Location: The Greater Houston Metro Area
9,053 posts, read 17,267,795 times
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Maybe you need to have a talk with your mom and see what she is feeling. It could be that she feels you aren't doing anything constructive with your life. You had a baby at 15. You are on the public dole. Draw up a plan for your life - a better one that isn't living with others and using federal aid. Show her that plan and ask for advice on how you can better it. Then do yourself (and your child) a big favor and work the plan.

Somehow, living with your boyfriend, and possibly having more children taxpayers will have to support, shouldn't be part of that plan. With no education, both of you will have dead-end jobs and more children.
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Old 03-17-2014, 03:42 PM
 
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At 17 and with a baby, you might not be thinking clearly, and your Mother is probably very concerned about your future. Try to stay home long enough to graduate high school then do as you want if you still want to. Are you in 11th grade? It would be a shame to not graduate. Moving in with your boyfriends family might not work out in the long run and jeopardize your chances of graduating. A couple more years at home won't be as hard as you think.
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Old 03-17-2014, 03:47 PM
 
35,094 posts, read 51,532,266 times
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Quote:
Originally Posted by AlyssasMommy View Post
does having a child make any thing different for the law of moving out? if so I hope its not bad!

In Illinois once you have a child you are considered an "Emancipated Minor" so you can move out anytime you choose legally. I don't know how other states handle this issue though.

If you can support yourself and your child financially then I see no reason not to move out if you want to.
The key is the financial support on your own without counting on others or welfare to take care of your financial needs.
You also need to consider daycare for your child, finishing high school, are you going to college, do you have a job, do you have proper transportation for school, your job, your child, etc.
There are a lot of things to consider before moving out just because you are mad at your Mom.
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Old 03-17-2014, 03:57 PM
 
11,180 posts, read 10,593,748 times
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AlyssasMommy, here's a link with good info, if you're a Texas resident:

Emancipation of a Minor
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