minors + school enrollment, legal rights, kinship care and crossing state lines.

Aug 18, 2010 17:38


Hi all! I'm a long time lurker and first-time poster. First off, I'd like to say I love this place to death. Second, I checked the tags related to these topics, just to let you know; this way I can save both my time and yours. Disclaimer: English is not my first language, I apologize in advance for any possible mistakes.

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~travel (misc), ~law (misc), usa: education: high school, ~custody & social services, usa: california

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Comments 24

alicats245 August 20 2010, 06:44:04 UTC
Caveat: I'm not an attorney or social services. This information is from personal experience (AZ) and research I did for a novel ( ... )

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atheneglaukopis August 20 2010, 07:56:49 UTC
My understanding was that the age of consent for marriage is 18 in almost all states. According to the California Department of Public Health Website, in order to obtain a public marriage license, "You must be at least 18 years old. Persons under 18 with written consent from at least one parent (or legal guardian) AND permission from a California Superior Court Judge may marry. Emancipated minors are NOT exempt from this process ( ... )

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alicats245 August 20 2010, 08:53:43 UTC
You're right, atheneglaukopis, the age is 18, unless pregnancy is involved. Though fewer states have that acceptation than was my understanding, OK is one that does. I found this site: http://bit.ly/pglo9

But Mari didn't ask about marriage, so the point is probably moot.

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milmari August 20 2010, 19:59:47 UTC
Oh, unless? I guess I missed that part when I read about it.

I didn't ask because it'd be sort of off for A to go that route, to be honest. I don't see her getting married just because she's pregnant, especially when she's having problems with her family. But thanks for bringing the unless bit, that's going to be helpful if I decide to go this route, as in, if nothing else works. Thanks for commenting!

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nyxelestia August 20 2010, 11:44:10 UTC
I'm with the above poster - marrying them together in Oklahoma would work ( ... )

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milmari August 20 2010, 20:06:28 UTC
What you've got is awesome and pretty helpful, too. Thanks a lot for commenting!

It wouldn't really work for plot (and characterization) reasons, unfortunately.

I guess I can work with her proving she no longer has a home, though, as much as that will deal with lots of paperwork and calls and whatnot.

Again, thanks for commenting! You helped me a great deal! :D

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cheshire23 August 20 2010, 12:32:14 UTC
If you want her to be able to enroll in school without any fuss, the probable easiest way to do so is as an "unaccompanied homeless youth" under the McKinney-Vento act. As you mentioned further down, she does indeed meet that legal definition of homeless.

It is also the case that in Oklahoma, at least at that time, it was possible to be married at 17 without parental consent with proof of pregnancy.

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milmari August 20 2010, 20:10:56 UTC
Marriage wouldn't really work, but thanks for pointing that out! I could use that if I really need to go on that route.

Oh, okay. Unaccompanied homeless youth would work, then! Good to know!

Thanks a lot for commenting!

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pentane August 20 2010, 13:01:13 UTC
You want to read about the Mann act, since it covers bringing minor females across state lines.

http://en.wikipedia.org/wiki/Mann_Act

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milmari August 20 2010, 20:13:01 UTC
Oh, I actually did read about it. I should have mentioned it, sorry! Thanks for linking, though!

And thanks a lot for commenting!

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emilyelle August 20 2010, 15:35:40 UTC
I don't know if this helps much as I can't answer most of your questions, but when I was young I used to travel with my dad (who was not my guardian, and I was not a US resident to boot) across state lines all the time. The only time I ever needed consent from my mother was when we crossed the US/Canadian border, and even then I think the border guards only looked at the letter she had written once or twice.

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milmari August 20 2010, 20:30:23 UTC
It does help! :D

Oh, okay. That's what I thought, but I wanted to be sure! Heh.

Thanks a lot for commenting! :)

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