I am 16 and 33 weeks preganant. Can I move out with of my mother's house without her consent?

Question Details:

Can I move out if Iam 16 and 33 weeks pregnant? Some of the things that happen here can have DFS take my baby away even though I do not do it. I have a place that I can go with a room for me and my daughter. I can live until I can get on my feet. There's plenty of money in the household. Can I go without my mother's consent for the welfare of my child?

Asked 11/8/2009 under Personal Injury | 248 View(s) | More Legal Topics

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Personal Injury Law Answers

I am a lawyer in CT and practice in this area of the law.  In most states 16 is the legal age of consent where you may enter into a valid and enforceable contract with another.  thus, you may properly enter into a lease or living arrangement with another person without your mother's consent.  If you are afraid of DCF, then you need to take measures to ensure the baby will have a safe place to live.

The "age of majority" is 18 in Missouri. This is the age that is considered adulthood; the age that you can make decisions for yourself.  Until then, without court intervention, you are under your parent's legal supervision and control.

What you can do here is to apply for something known as "emancipation".  This is a court process that gives you the rights of adulthood even though you are under 18.  There is no specific law on this in your state but generally, if you are at least 16, you can petition the court.  There are conditions however that must be met.  For instance, you need to prove to the judge that you are able to provide for yourself, handle your own money (and have a legal way to make money), and have a safe place to live.  Basically, a judge must believe that emancipation is in your best interest (especially since a baby is also involved).

If you think that this may not work for you, you should consider getting some counseling.  Your state's department of social services can help or perhaps a child advocacy (support) group; try google to find ones in your area.  You can also try to speak to an attorney as to your situation.  Try Legal Aid or see if they can recommend someone to help you.  Or check if there is a law school nearby to where you live; they typically run free/low cost clinics that handle these type cases.  Finally, you can contact the local Bar Association in your county; they may have a list of attorneys who will take your case "pro bono" (for free).

Just don't do anything foolish.  Speak to an adult who can help you sort through all of this before you do anything.

Best of luck.

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