Education for Justice FACT SHEET Y-4 Fall 2009
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 move out, you may not be able to get MFIP, but there are exceptions. Talk to your worker. See our fact sheet, MFIP for Parents Under 18. 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 MA (MEDICAL ASSISTANCE)?
Most women with a low income can get MA during pregnancy. If you are on General Assistance (GA) or 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 are covered under their policy.
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.
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, 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
(612) 746-3603 or (612) 334-5970
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
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