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my 17 year old daughter is pregnant

Discussion in 'Other Family Law Matters' started by beltbuckles1488, Mar 24, 2019.

  1. beltbuckles1488

    beltbuckles1488 Law Topic Starter New Member

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    Jurisdiction:
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    my daughter is under the impression that i am not entitled nor am i responsible for her because she is expecting , this includes her informing me of her whereabouts her medical treatment and she insists i am required to give her any financial resources i receive from ssi sdi and financial aid to supplement her needs . she lives with me and i pay the rent and utilities and provide the food and other needs already . I am concerned she will try to run away with the baby's father due to her belief that she can receive financial assistance if she leaves my care,i have been looking to find a place for her and the baby but i cant financially afford two residences on my fixed income . she firmly believes i have no legal responsibility or right to make any decisions for her any more due to her pregnancy
     
  2. cbg

    cbg Super Moderator

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    She is partly right and partly wrong. She, and only she, has the right to make decisions regarding her health, her health care, and her pregnancy. She is, by nature of her pregnancy, medically emancipated.

    However, in all other respects, she is still a minor. Pregnancy does not legally emancipate her and in fact it makes the likelihood of legal emancipation even less likely. With regards to everything except her medical care, you are GOD. She does not have the legal right to move out without your permission and in fact pretty much the the only thing she has the legal right to do without your permission, medical care excluded, is breathe.
     
    beltbuckles1488 likes this.
  3. mightymoose

    mightymoose Moderator

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    You are responsible for your daughter.
    You are not responsible for her child.
    You do not have to give her a penny, but you do have to provide basic necessities.
    Legally, necessities are pretty minimal. If she has a roof over her head, clothes to wear, and food to eat, you don't have to do much more. Even the roof is optional.

    As a minor she won't receive much of anything without your approval.

    She can receive certain medical services without your permission or knowledge... You can thank your liberal California legislature for that.

    How old is the father?

    If you choose, you could obtain a restraining order on your daughters behalf that compels him to stay away from her. It likely wouldn't work, but it could cause him to be arrested if he allows her to come around against your wishes. This would certainly anger your daughter, but it would make it clear who is in charge.

    If she wants money she can get a job and seek child support from the father.

    With your limited income and difficulties with her I suggest you have a visit with a social worker and bring her along. The social worker will help to get her qualified for whatever support is available and also make it clear that she can't do much of anything without you at 17.

    When she turns 18 you have no obligation to her at all. It is in her best interest to play nice so you don't cut her off and kick her out on her next birthday.

    If she does run off with the boyfriend you still have some options, but those depend on how much your local law enforcement is willing to cooperate.

    Personally, if he was lucky enough to still be alive, I would get the restraining order against the boyfriend and make him disappear.
     
    beltbuckles1488 likes this.
  4. army judge

    army judge Super Moderator

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    When is the minor child's 18th birthday?
     
  5. beltbuckles1488

    beltbuckles1488 Law Topic Starter New Member

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    the father turned 18 in august last year she turned 17 this january
     
  6. beltbuckles1488

    beltbuckles1488 Law Topic Starter New Member

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    the father turned 18 in august last year and my daughter turned 17 just this january
     
  7. army judge

    army judge Super Moderator

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    When is the baby expected to be born?

    Under Virginia law, teenagers ages 15, 16 and 17 are lawfully allowed to engage in sexual activities. (Sad, isn't it?)

    Once one party reaches age 18 and the other party has not, the teens are bound to the age of consent laws.

    This means that the adult could be subject to prosecution if an investigation proves such illicit behavior occurred.

    While Virginia's "close-in-age" laws recognize that teenagers will experiment sexually or be in a romantic relationships, the does not provide allowances for ADULTS who continue sexual activity with minors below the age of majority.

    This could be difficult for these teens who are in a romantic relationship with one another, for a while were able to legally engage in sexual congress, but suddenly once one of them turned 18 are no longer able to do so lawfully, even if they are still a couple.

    You appear to have options as the pregnant child's mother.

    If I were you I'd have reported the adult's sexual activity months ago.

    Genetic testing will reveal the truth.
     
  8. beltbuckles1488

    beltbuckles1488 Law Topic Starter New Member

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    shes due april 6th
     
  9. army judge

    army judge Super Moderator

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    The adult male has been breaking the law in Virginia for at least seven months!

    I'd report his illicit sexual contact with your child.

    Once law enforcement gets involved, both beasts will be tamed.

    Silly me, I see you're in Californication, where children are fair game for perverts.
     
  10. cbg

    cbg Super Moderator

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    The age of consent in CA is 18.
     
  11. mightymoose

    mightymoose Moderator

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    In CA the age difference between the two does not amount to a crime.
    A parent does have civil options though. You may seek the restraining order if you wish. If he can't legally be with her then she won't have anywhere to run to.
    Once the child is born seek a paternity test and on your daughters behalf you can seek child support from the father. Make him get a job and pitch in.

    Social services can help you.
     
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  12. Disabled Vet

    Disabled Vet Active Member

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    Based on the OP she could be drawing SSD. If that is the case then the child would be getting a monthly check. This money is to be used for the child. Maybe that is what the child is thinking that she is entitled to that monthly payment.
     
  13. cbg

    cbg Super Moderator

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    In CA the age difference between the two does not amount to a crime.

    Actually, it does. Since the difference is less than three years it is a misdemeanor. Had it been over three years it would be a felony.

    However, that's not what the OP asked about. She asked if the daughter is now legally able to leave home. And the answer to that is No.
     
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  14. zddoodah

    zddoodah Well-Known Member

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    Cool story. I don't see a question in any of your posts in this thread, so all I can tell you is that she's wrong.


    If you're suggesting that the sex that resulted in this pregnancy wasn't statutory rape because the OP's daughter and the alleged father are so close in age, that's wrong. California Penal Code section 261.5(a) provides as follows: "Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor" -- i.e., a person under the age of 18. There is no "Romeo and Juliet" law in California. Given the OP's daughter's due date, it is likely that the conception occurred in July 2018, which means both persons involved were minors, which means they both could be found guilty of a misdemeanor under PC 261.5(b). Whether the police or the district attorney in the OP's unidentified county might care about something like this is obviously a different issue.
     
  15. mightymoose

    mightymoose Moderator

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    Well a technicality on that... Both were minors and both technically committed a misdemeanor.
    I am unaware of such circumstances ever being prosecuted when the ages are so close and both minors. Around my parts it is generally regarded as a non-issue and routed through social services and family court as needed.
     
  16. shrinkmaster

    shrinkmaster Well-Known Member

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  17. cbg

    cbg Super Moderator

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    The fact that the prosecutors in your area have decided not to make an issue of it does not mean that no crime was committed.
     
  18. mightymoose

    mightymoose Moderator

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    No kidding... But the odds of prosecution are virtually non existent anywhere in California in such circumstances. It is akin to jaywalking... Nobody cares. It is a non issue, though technically a misdemeanor.
     
  19. cbg

    cbg Super Moderator

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    Evidently including the OP, since, as I've already pointed out, that's not the question she asked. I simply am not willing to let incorrect information stand; it IS a crime, even if it's a crime that is unlikely to be prosecuted.
     

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