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B.I.G.
Arkansas law advice need for a pregnant teen?
In arkansas is a 17yr old emancipated, and therefore able to move out of their guardians home, upon having a baby?
if you do not know do you know were i can find a clear answer to my question? or know what procedure are need to go through for said person to gain emancipation rights?



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Windy
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Legally, until you are 18, your parents are responsible for you. You can have yourself emancipated at 16 if you can prove you are able to take care of yourself and go to school. Child services won't touch you at 17 even though technically they are supposed to. Here is a site that has info that may help you out.

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Michael H
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No, pregnancy does not immediately emancipate you, nor does childbirth. It does give you some rights regarding health care issues etc, but you are still a minor.

The emancipation process can be lengthy enough, and difficult enough that at 17, I would just wait the next year out and then move on.

In order to become emancipated, as a rule, you have to go before a judge and show him three main things.

1) that you can financially care for yourself on your own, that means pay the rent, utilities groceries etc, on your own. Not living with a friend, not living with a relative, on your very own.
2) You have to have a good reason. I want to live with my bf/gf, I hate my parents, my parents rules suck are NOT good enough.
3) as a rule, your parents have to agree to it.

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Tracey K
Arkansas Code: 9-27-362. Emancipation of juveniles.

(a) A petition for emancipation may be filed in a circuit court by the attorney or the attorney ad litem for a juvenile who is in the custody of the Department of Health and Human Services pursuant to a dependency-neglect, dependency, or family in need of services case.

(b) The petition shall be served along with a notice of hearing to the juvenile's parent, legal guardian, or legal custodian.

(c) The circuit court has the authority to emancipate a juvenile in a dependency-neglect, dependency, or family in need of services case.

(d)(1) The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that:

(A) The juvenile is at least seventeen (17) years of age;

(B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;

(C) The juvenile has an appropriate place to live;

(D) The juvenile has been managing or has the ability to manage his or her own financial affairs;

(E) The juvenile has a legal source of income, such as employment or a trust fund;

(F) The juvenile has health care coverage or a realistic plan on how to meet his or her health needs;

(G) The juvenile agrees to comply with the compulsory school attendance laws; and

(H) Emancipation is in the best interest of the juvenile.

(2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision.

(3) If the juvenile has an attorney ad litem, the court shall consider the recommendation of the attorney ad litem.

(e) An order of emancipation has the following effects:

(1) The juvenile has the right to obtain and consent to all medical care, including counseling;

(2) The juvenile has the right to enter into contracts;

(3) The juvenile has the right to enroll himself or herself in school, college, or other educational programs;

(4) The juvenile has the right to obtain a driver's license without consent of a parent or other adult so long as the juvenile complies with the remaining requirements of the driver's license law;

(5) The juvenile's parent, legal guardian, or legal custodian is no longer legally responsible for the juvenile;

(6) The juvenile may still be charged with a delinquency and prosecuted in juvenile court;

(7) The juvenile may not marry without parental permission pursuant to § 9-11-102;

(8) The juvenile is not relieved from compulsory school attendance;

(9) The department is not relieved from the responsibility of providing independent living services and funding for which the juvenile is eligible upon request by the juvenile;

(10) Child support orders are not terminated but may cease upon entry of an order from the court that issued the order of child support;

(11) Until the juvenile reaches the age of majority, the juvenile remains eligible for federal programs and services as a juvenile;

(12) The juvenile is not permitted to obtain items prohibited for sale to or possession by a minor, such as tobacco or alcohol;

(13) The juvenile remains subject to state and federal laws enacted for the protection of persons under eighteen (18) years of age such as the prohibition against a juvenile's obtaining a tattoo; and

(14) No statute of limitations is affected.

History. Acts 2005, No. 1990, § 19.

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