A friend of mine wants to immancipate her daughter at the age of 16. Basically so she will be out of her hair but also to get married to a 23 yr old guy. This guy is partly MR and doesn't know alot about sex and things. He just says he loves her and is willing to spend his life with her (not being sure he really understands what that means). This girl is very smart and has been sexually active before. And knows how to minipulate this guy.
Do you think this is or should be a good thing to happen?
2006-09-03 11:50:52 · 11 answers · asked by mistyjlr 2 in Politics & Government ➔ Law & Ethics
I stand by this mother only because she has smaller children. Don't put someone down until you know the facts. I don't agree with this mother either but I am also looking out for a 16 yr old girl who I don't want to just be out on the streets, because the mother wants less responsibility.
2006-09-03 12:08:00 · update #1
The real question is if the Daughter is able to provide for her own needs (meaning paying rent, living independently, buying her own food, paying utilities, etc etc etc) through her Employment, going to school, and on her own separate and INDEPENDENT From her mother's residence -- then yes, the Daughter can file to be emancipated (that is the way to spell this term).
SHE (The Daughter) will have to prove it in a court of law -- which means more than just moving into a boyfriend's apartment -- she HAS to be totally independent and on her own.
The TRICKY part of all this -- is that the 16 yr old seems to be having problems -- sexual activity (which you say), manipulative -- is there more there too that this 16 yr old is doing (like abusing the mom, destroying property, commiting crimes, etc)?
If the case is such that the daughter is causing trouble for the mom (and I won't jump to conclusions here -- many 16 yr olds are out there committing crimes every day -- and they will NOT listen or respect their parent(s)' rules or household) -- and if she is a troubled teen -- then the teen needs to have the police called on her and she needs to LEARN the HARD Lessons that she DESERVES through the Criminal Justice System -- whether it is Juvenile Hall or through Adult Court.
For you -- your action is to DO NOTHING -- this is between the mother and daughter -- and if the mother is being abused, harassed, assaulted, having her home disrespected or damaged, or the teen is stealing from her -- then the 16 yr old needs to be in Court -- in Police Custody and AWAY from the MOM for the MOM's Protection.
If the girl is otherwise just independent, on her own, hard working, and living like a Law-Abiding Adult -- then she should file for emancipation.
2006-09-03 13:26:46 · answer #1 · answered by sglmom 7 · 0⤊ 0⤋
Not a good thing. She's only 16. Is two more years really too much for the mother?
Even though she has younger children she STILL has a responsibility toward her daughter. In some families the responsibility lasts a lifetime.
Regardless of how overwhelmed the mother may be. She shouldn't give up on her daughter. She should find the strength, somehow, to shoulder on.
2006-09-04 21:35:03 · answer #2 · answered by TrueBlue 2 · 0⤊ 0⤋
Sounds shady and like the mom just wants to get rid of her. I don't think anyone is ready for marriage at 16. The mom doesn't have to emancipate her in order for her to get married, all the mom has to do is let her get married - she has to sign some paperwork as her daughter's legal guardian and then the daughter can get married. She could call the local municipal court to find out more details.
2006-09-03 11:54:57 · answer #3 · answered by Rawrrrr 6 · 0⤊ 0⤋
BAD IDEA!!!
Technically, you're saying that the mom wants to emancipate her daughter so that the daughter can commit sexual battery against a mentally retarded guy.
Sexual battery? Yes. I don't know what state you're in, but take a look at what the Mississippi Code has to say:
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§ 97-3-95. Sexual battery.
(1) A person is guilty of sexual battery if he or she engages in sexual penetration with:
(a) Another person without his or her consent;
(b) A mentally defective, mentally incapacitated or physically helpless person;
(c) A child at least fourteen (14) but under sixteen (16) years of age, if the person is thirty-six (36) or more months older than the child; or
(d) A child under the age of fourteen (14) years of age, if the person is twenty-four (24) or more months older than the child.
(2) A person is guilty of sexual battery if he or she engages in sexual penetration with a child under the age of eighteen (18) years if the person is in a position of trust or authority over the child including without limitation the child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.
§ 97-3-97. Sexual battery; definitions.
For purposes of Sections 97-3-95 through 97-3-103 the following words shall have the meaning ascribed herein unless the context otherwise requires:
(a) "Sexual penetration" includes cunnilingus, fellatio, buggery or pederasty, any penetration of the genital or anal openings of another person's body by any part of a person's body, and insertion of any object into the genital or anal openings of another person's body.
(b) A "mentally defective person" is one who suffers from a mental disease, defect or condition which renders that person temporarily or permanently incapable of knowing the nature and quality of his or her conduct.
(c) A "mentally incapacitated person" is one rendered incapable of knowing or controlling his or her conduct, or incapable of resisting an act due to the influence of any drug, narcotic, anesthetic, or other substance administered to that person without his or her consent.
(d) A "physically helpless person" is one who is unconscious or one who for any other reason is physically incapable of communicating an unwillingness to engage in an act.
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Generally, statutes and definitions are substantially similar among the several States, so this should give you a general idea of how your state defines this crime. Your state may substitute the word "rape" for "sexual battery," or it may use some other term your legislature deemed appropriate.
Emancipation of a minor ought never be used to abdicate parental responsibility.
If the child's bad behavior cannot be prevented through legal means, the mother needs -- through an attorney -- to petition the court to make the daughter a ward of the State until such time as the State is willing to release her as an adult acting on her own recognizance.
Being aware of the mental retardation of the 23yo guy, you have an ethical duty to report to the authorities the abuse of him by the 16yo (or anyone else).
2006-09-03 13:30:17 · answer #4 · answered by wireflight 4 · 0⤊ 0⤋
SOMETIMES THE MOTHER IS BETTER OFF TO EMANCIPATE IF THE DAUGHTER IS OUT OF CONTROL. PARENTS HAVE A LOT OF RESPONSIBILITY FOR CHILDREN'S ACTIONS EVEN AFTER THEY HIT THE AGE OF KNOWING BETTER. IN TEXAS THEY CAN SIGN FOR THEM TO MARRY AT 14, SAME IN MISSISSIPPI, AND SEVERAL OTHER STATES SO 16 IS CONSIDERED OLD THERE. IF SHE WANTS TO MARRY LET HER, LOTS OF PEOPLE MARRY AT 16 AND LIVE TOGETHER FOR 50 YEARS. YEARS AGO A WOMAN WAS CONSIDERED AN OLD MAID IF SHE WASN'T MARRIED BY 15.
2006-09-03 13:23:00 · answer #5 · answered by 51ain'tbad 3 · 0⤊ 0⤋
First unless the girl has a job and income to live on her own, I doubt if the immancipation could ever happen.
The mother could if the law allows for a 16 to marry, she could sign for her to marry and then the girl could move out and be married
2006-09-03 11:59:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yeah, your friend sounds like a real winner! How about being a mother and taking control of her 16 year old daughter! What kind of people do you make friends with, anyway? Birds of a feather.....
2006-09-03 11:57:57 · answer #7 · answered by qamberq 3 · 1⤊ 0⤋
I think that someone needs to call the Child Protective Authorities to protect this girl. Her mother is not doing the right thing and neither is anyone else. They need help.
2006-09-03 11:59:07 · answer #8 · answered by notyou311 7 · 2⤊ 0⤋
I don't think that she has to emancipate her daughter, she just has to sign off on a consent form.
I don't think it is a good thing to happen, but a lot of bad things happen.
Hope things work out for the best.
2006-09-03 11:55:44 · answer #9 · answered by eyesinthedarkness 4 · 0⤊ 0⤋
Oh, yes. She's considered an adult
2006-09-03 12:09:00 · answer #10 · answered by Anonymous · 0⤊ 0⤋