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Education for Justice |
FACT SHEET Y-9 |
Fall
2011 |
THE RIGHTS OF
TEEN PARENTS
IF I HAVE A BABY AS A TEEN, AM I AUTOMATICALLY
“EMANCIPATED” FROM MY PARENTS?
No, having a baby does not emancipate you. Emancipation means that you become responsible
for yourself in certain situations and your parents give up control and
custody. It does not mean you have all
the rights of an adult. The rules about
emancipation are confusing. If you live
in
DOES HAVING A BABY MEAN THAT I CAN
MOVE OUT OF MY PARENTS HOUSE?
No! You can only move
out if you have your parents’ permission, are 18, married, in the armed forces,
or have a court order. If you are under
18 years old and move out, you may not be able to get MFIP, but there are
exceptions. See our fact sheet, G-2 MFIP for Parents Under
18. Also talk to your financial
worker. If you or your baby are being
abused or hurt, you have special rights.
Talk with an attorney.
IF I LIVE AT HOME, DOES MY MOM “OWN” MY
BABY?
Even if you are under 18 and live at home, your mother does
not “own” your baby. You have the
right to make the decisions about your child’s life. You have legal and physical custody of your
baby. You are responsible for caring for
the baby. This can only change if a
court gives custody to someone else.
WHO DECIDES MY BABY’S LAST NAME?
If the parents are not married when the baby is born, the
mother gets to decide the name on the birth certificate.
WHAT IF SOMEONE HURTS ME OR THE BABY?
CAN I GET MEDICAL ASSISTANCE (MA)?
Most women with a low income can get MA during
pregnancy. If you are on MFIP, you get
MA automatically. MA pays for all doctor
visits, emergency care, medicine and delivery costs. If you can’t get MA, ask about other programs
like Children’s Health Plan and Minnesota Care.
If you are under 18, living at home, and your parents’ income is over a
certain amount, you may not be able to get MA.
If your parents have medical insurance, check to see if you or your baby are covered under their policy.
If you are getting General Assistance Medical Care (GAMC):
changes were made to this program in 2010.
It is important to talk to a lawyer.
If you are not a
CAN I
Yes! Most schools
have programs for young parents. Some
have day care centers. Call your school
district to see what programs can help you.
The school cannot discriminate against you because you are pregnant or have a child. If
you want to be in regular classes, they must let you.
If your school does not have day care, you can get a day
care provider in your community. You can
also apply for subsidized day care.
WHAT DOES IT MEAN TO ESTABLISH
“PATERNITY”?
It is a legal process that decides who is the father of your
baby. It is done in 2 ways:
WHY IS PATERNITY IMPORTANT?
Once paternity is set, the child has the right to child
support payments. When the father dies,
the child can inherit from him. If the
father dies or is disabled, the child may be able to collect Social Security
benefits. Paternity is also important
for the father. Without it, he has no
right to visit or ask for custody of the child.
IF THE PARENTS AREN’T MARRIED, WHO HAS
CUSTODY?
Custody means control over the child. “Sole custody” means that one parent has
control. “Joint custody” means that the
two parents share control. If the
parents aren’t married, then the mother has custody of the child unless a court
decides something different. A court
will decide physical custody (where the child lives) and legal custody (who
makes decisions for the child). For
example, a court may order that the baby live with the mother, but that the
parents share the right to make decisions.
A court can decide custody in a divorce, a paternity case, an order for
protection (OFP) case, or in a separate case.
WHAT IS PARENTING TIME (VISITATION)?
If the mother has custody, parenting time means the father’s
right to spend time with the child. The
courts now call visitation, “parenting time.”
Once paternity is set, the father can ask the court to set parenting
time. A court can deny visits, or place
conditions on them, depending on what will be best for the child. If the father has parenting time rights, the
mother must let him see the child, unless there is danger to the child. Either parent can go to court to change
parenting time. See our fact sheet, F-4 Parenting Time (Visitation).
DO ALL FATHERS HAVE TO PAY CHILD
SUPPORT?
Child support is paid by the parent who does not have
custody of the child. It is paid to the
parent who does have custody. It can be
paid by the father or the mother.
Support is based on the ability of the parent to pay and the needs of
the child. If the parent is too young,
in school, or has no income, the court does not order child support payments. But it can still order a parent to look for a
job, get training or take other steps to help pay support in the future.
IF YOU ARE A TEEN PARENT OR WILL BE A
TEEN PARENT, AND WANT MORE INFORMATION ABOUT YOUR RIGHTS, PLEASE CONTACT:
In
Youth Law Project
Legal Aid Society of
430 First Avenue South, Suite 300
Minneapolis, MN 55401
(612) 746-3603 or (612) 334-5970
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MN
Legal Services Coalition |
Don’t use this fact sheet if it is more than
1 year old. Write
us for updates, a fact sheet list, or alternate formats. Fact
Sheets aren’t a complete answer to a legal problem. See a
lawyer for advice. |
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© 2011 Mid-Minnesota Legal Assistance. This document may be reproduced and
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If you live in another county, call your local legal aid
office.
Also, see our booklet, “Rights and Responsibilities of
Unmarried Parents.” You can look at it
online at http://lawhelpmn.org/link.cfm?2708
To find other Legal
Aid Society materials, including any fact sheets mentioned in this
document, go to www.lawhelpmn.org/LASMfactsheets.