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In reply to the discussion: Pregnant Teen Wins Abortion Battle [View all]happyslug
(14,779 posts)The Law makes a presumption, if a parent is ready, willing and IS providing a home, the children MUST live with them. If the child decided to live elsewhere, the parents have NO DUTY TO PAY SUPPORT.
Notice the test is if the CHILD decides to live elsewhere. If court ordered to some sort of confinement, the parents have to pay support. If a Court gives custody to a third party, support has to be paid. On the other hand, if a child goes out on her own, she is on her own.
Please note, I am discussing teenagers. The courts view children over 14 as adults if they are competent and can take care of themselves. Below age 7, children are viewed as incompetent. Between 7 and 14 it is on a case by case basis. Thus, in at least theory, a 7 year old could be on her own and the parents will NOT be held to be liable for support.
In the real world, we are almost always taking about teens over age 14, sometimes 12 and 13 year olds but almost never below age 12. Thus for younger children this is almost never an issue. A further complication is School, many States have attendance requirements up to age 16, other age 17 or 18. Texas uses 18 as its compulsory age to attend school:
http://www.ncsl.org/documents/educ/ECSCompulsoryAge.pdf
Please note, Children and Youth generally has jurisdiction over children below 18, but only if they are in "Danger", if the child is NOT in "Danger" then no jurisdiction (i.e. no CYS Jurisdiction if the Child has a place to live, i.e. a place to sleep and eat that meets the minimal requirements of the 21st century).
Now, if you are taking about the Father of the expected child, yes he has a duty to pay support, but NOT his parents. The reports I have read is he is also 16 years of age, and most courts will NOT order him to pay any support till he at least graduate High School and if he goes to Collage, till he finished Collage. The reason for this is simple, the more education he gets, the higher income he can earn and the more support he can pay later on. I suspect that will be six years from now, and in the mean time who will support his expectant child and the 16 year old mother? Not the grandparents and knowing Texas, not the State of Texas (and that is true is ALL the states I know of, the Standard of Need, a amount determined by Congress to be the bare minimum you need to survive is $710 a month, no state gives that amount in welfare to anyone, even with the Federal Government willing to pick up 1/2 of the tab up to the Standard of Need).
Thus the question is who and how is this baby to be supported? It looks like the the Maternal Grandparents, for no one is else willing or required by law to do so (and the welfare amount from Texas will NOT pay for her car, let alone the rent for a house).