Legal Question in Family Law in Virginia

Is an adolescent mother (under 18 yers of age) and independant or emancipated person under the law ?


Asked on 10/30/09, 2:55 pm

1 Answer from Attorneys

Robert Beard Attorney at Law

A minor is not automatically emancipated by virtue of being a mother (or a father), so the short answer is that the minor mother is not emancipated unless she files a petition for emancipation and is found by a court to meet the requirements to be emancipated.

The minor mother does have the right to authorize medical treatment for her child by statute. She also has a right to custody of the child as against third parties (such as her parents), unless she is determined to be unfit, but the father of the child also has the right to seek custody.

This answer probably does not answer the specific question you were concerned about. The minor parent's rights and responsibilities would have to be determined based on the specific facts of a given situation.

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Answered on 11/04/09, 4:00 pm


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