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I think i might be pregnant
I am 24 years old and I think i might be pregnant here is my problem my mom says that I have the mind of a 13 year old legally she has court ordered custody of me and has papers saying that I cannot take care of myself and i afraid that if i am pregnant she will be able to force me to have an abortion or give the baby up for adoption because we don't have the money to take care of a baby right now my mom is sick and had to retire earlier from her job because she was sick and could no longer work the boss drove her home that day and said come back when your better but she never did get better. we don't have any room for a baby we live in a 2 bedroom house 1 bathroom and we already have 3 kids living with us that my mom has custody of. I am also afraid that my boyfriend will go to jail for statutory rape laws because of how young i am in my mind please help me i am scared.
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You have gotten a lot of good advice here, there are two types of law to consider. She could have just control of your money, or control over your health and well being, or both and you need to know just what it is she has. The one thing you should know is your boy friend can be in great trouble, but he could also have some power in the whole thing. There is what is called vulnerable adults, if you are classified as one, he could be brought up on charges. However, this most likely will not keep him from his rights as the father. First thing is to find out if you are truly pregnant, second and you should do this no matter what, talk to a lawyer and get a second opinion on your mental status, things change, people change. Even with a 13 year old mentality, there are rights you should have, but like others have said, I question the validity of you having a 13 year old mentality, you seem to have a better grasp on what is happening here then a 13 year old would.
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Razhie's answer is fairly correct. There could be a difference as to what degree of guardianship your mother has over you. Guardianship and custody are two different things, at 21 years of age your mom is more likely to be a guardian of you legal and monetary affairs. This all depends on the laws in the state where you live. You mom may feel she has total guardianship which she calls custody when in fact she is only responsible for your legal affairs.
The answer to your question truly lies in the court papers. Not being able to read them myself and not being a lawyer I am unable to give you any other advice other than: You have the legal right to seek interpretation of the court papers mom is holding over you. You can contact your local legal aid society and ask for their help in obtaining a copy of those papers and having them explained to you. This is the only way you will know what your rights are and what rights the courts have given to your mom.
By the way. The way you have written to us is much better then many 13 year old boys and girls that have written to us. While you are talking to the lawyer you might ask if you can be re-evaluated to see if there is still a need for any type of guardianship for you.
There is more at stake here than whether mom can order or make you have an abortion. There is also a great deal of money in the form of Social Security money and state aid for many of your needs. As your guardian these funds are going to your mom ans are suppose to be used for you. If they are not then she is wrong. This is another reason to seek help of a lawyer. It may be found upon reevaluation you are capable of living in a group home. Then the courts will appoint a different guardian for your monetary and legal affairs. A lawyer with knowledge of the laws of your state can better explain this to you. So I highly suggest you contact your local legal aid society for assistance.
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It's unlikely she could force you to have abortion if you don't want too. Even if you are legally a child, you have the right to say no to an abortion (unless the pregnancy endangers your life. If that's the case AND you are not legally an adult, your mother or a court might have the power to order an abortion.)
If you are not a competent adult then the state will take the child away from you. Your mother wont need to force you to give it up for adoption. The state will likely determine you are not able to care for a child.
If you aren't capable of caring for yourself, than you aren't capable of caring for a child. You can't bring a child into your small home with three other dependent children. If you have no income, nearly no ability to care for yourself, and no chance of being able to change those things for yourself, then that is not a situation you can bring a child into.
The best thing you can do is talk to an adult. If you are worried about speaking to your mom, talk to a therapist or a teacher who can help you figure out if you are pregnant, and what the next steps are.
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Well I'm not an expert nor a lawyer but I am like 80% sure she cannot make you do either of those things. You should contact an attorneys office and ask to be sure.
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