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How and when to file for DNA test when the possible father is your son who is 13

Discussion in 'Paternity Law & DNA Tests' started by Kerri, Mar 25, 2012.

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  1. Kerri

    Kerri Law Topic Starter New Member

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    Hi my son was recently accused of possibly imprenating a neighborhood girl who is 17. She lives in a foster home and her biological father is now trying to get custody of her back. Her father lives in a different county 400 miles away. We are in a predicament because we as parents will need to be the ones to file for paternity when the child is born but now what happens if she is moved to a different county that far away? If this child is our sons we would want to have some Kind of visitation for him and us. Is there also something we can file to possibly keep her from being transferred to her biological father till after the baby is born? She says she doesn't want to move with him but until she possibly gets to court an tells the judge that and depending on the judges decision she may not have a choice. Also her biological mother does live locally near us but she is a recovering drug addict and gets SSI and lives in a board and care home. Her mother isn't capable of taking her in.
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    Check to see if your state has a punitive Father's registry in your area. It would also bee wise to consult an Attorney about what legal options you have available
     
  3. CdwJava

    CdwJava Moderator

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    Is your son an adult, or a minor?

    He should immediately consult an attorney and seek to establish paternity if this is what he wants. Until paternity is established, he has no grounds to do anything. And even if paternity IS established, it will do nothing to change the placement of his girlfriend, only address custody and visitation of the baby.
     
  4. army judge

    army judge Super Moderator

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    Your son is 13. The female that he impregnated has probably run afoul of the criminal law for allegedly bedding down a child.
    Before you worry about paternity, I suggest you file a complaint with the police.
    Adults (yes, a 17 year old is likely an adult for situations like this) are not allowed to sexually ravish children.
    You might also have a civil suit against the group home for failing to properly supervise this female, sexual predator.
    You might wish to speak with some local attorneys about that.
    The initial consultation is often free.
    Finally, but extremely important for the mental well being of your 13 year old, get him in counseling.
    If not, he could become a sexual predator in a year or two!!!!!
     
  5. CdwJava

    CdwJava Moderator

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    Ah, missed the age in the title of the thread.

    Yes, a crime has occurred ... actually, two. Under CA law the 13 yr. old boy is also guilty of a criminal offense as PC 261.5 does not specify that the older of the two is guilty, only that it is unlawful for any person to engage in sexual intercourse with a minor. In theory, both could be charged. In practice, it would be more likely that the 17 year old would.

    It might be a serious longshot to sue the foster home or social services (who conducted the placement) unless they permitted the girl to run wild and free. Foster homes are forbidden to lock down their charges, so unless the lack of supervision was especially egregious, I doubt that will go very far.

    Yes, counseling is important. But, if paternity is something you also wish to seek out, then you need to hire an attorney to pursue that ASAP.
     
  6. shrinkmaster

    shrinkmaster Well-Known Member

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    I agree counseling for you and your child are very important. If you check your PMs I also gave a source for help with these non legal issues
     
  7. army judge

    army judge Super Moderator

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    We don't know, but the 13 year old might have been molested and/or enticed to bed down this 17 year old monster.

    This matter requires law enforcement involvement to investigate just what occurred.

     
  8. shrinkmaster

    shrinkmaster Well-Known Member

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    Keep in mind that seeking a paternity action is an admission to the crime described earlier
     
  9. CdwJava

    CdwJava Moderator

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    Doubtful that much inducement would have been required, but possible. But, the OP needs to understand that when the police get involved her son can also be charged with the same crime.

    Juvenile crimes are what I deal with daily ... and I have dealt with scenarios very similar to this a number of times. Most often, the DA will defer the matter so long as the child is going to be cared for unless there was some other inducement or offense(s) that occurred.

    Since a minor gave birth, I am surprised that the police have not yet been involved since the molestation of the 17 year old would have mandated reporting by medical personnel. Perhaps it was reported, just that no father was identified to the police or CPS at the time ... not uncommon.
     
  10. army judge

    army judge Super Moderator

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    I'll bet a mild, mellow McAnudo that the 13 year old is likely not the father.
     

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