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overprotective grandfather and 15 year old pregnancy

Discussion in 'Other Family Law Matters' started by sierra, Sep 24, 2009.

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  1. sierra

    sierra Law Topic Starter New Member

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    i am a fifteen year old pregnant female and i live with my grandparents. the father of my child is eighteen and wants to be involved as much as he can with the baby and the pregnancy. my grandfather does not want the father of my child to be involved with the pregnancy and will not allow him on our property. what are the father of the babys rights? what are my rights? how can i get my grandfather to allow the father of the baby on the property
     
  2. jacksgal

    jacksgal Super Moderator

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    It seems they werent protective enough cause your pregnant! Heres the bad news (for you). Legally they do not have allow you contact with this rapist. Yes hes a rapist! Even after child is born. Now if he is established as Father they cannot keep child from him (unless hes in jail for rape). If anyone (this includes your Doctor who is madated to) reports this rape to social Service and/or Police you can expect Dad to be in jail and registering as sex offender!
     
  3. ahsoquel

    ahsoquel New Member

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    The father is 18 & you're 15 & pregnant? The father should be held accountable for sex with a minor. Your grandparents are trying to protect you, listen to them.
     
  4. Duranie

    Duranie Moderator

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    In some states sex between an 18 yr old and 15 yr old may not be illegal, but it sure sounds like it.

    Dad may have some rights here but in the end, he has no rights at all while you are pregnant and after the baby is born he needs to go to court and establish paternity. If Grandpa wants to ban him from the property he has every right to do so. You cannot blame grandpa for being mad. At 18 he really has no business with a 15 yr old.
     
  5. jacksgal

    jacksgal Super Moderator

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    My research shows "no state" has an age of consent below 16 years of age
     
  6. jacksgal

    jacksgal Super Moderator

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    Side note establishing paternity incriminates the adult!
     
  7. jharris352

    jharris352 New Member

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    Age of Consent is 16 in SC**However!

    South Carolina is a strange state, no offense. The age of consent is written into the Constitution as 14, but the legislators passed a law making the age of consent 16. I'm not sure of the resolution of this conflict but 16 is the legal age. . . . EXCEPT that they amended the law in 2006 to say that a person 18 years or younger can have sex with someone 14 years or older without it being rape. SOOOOOOOO..... apparently your boyfriend won't be arrested for rape.

    I would agree with everyone else that your Grandparents aren't strict enough. If they were you wouldn't be pregnant. That having been said your boyfriend DOES have rights to that child.

    The age of consent to marry is 18, 16 with your Grandfather's approval, but there are exceptions for teens who are pregnant. My guess is that you are free to run off and get married, even if you shouldn't. Your Grand parents are right, just late.

    Now they should and probably will have to integrate this boy into your life. He needs to get a lawyer to sort this out. It shouldn't cost much. There are many issues to make certain of and duties he will have to cover. Eventually DDS will come after him.
     
  8. jacksgal

    jacksgal Super Moderator

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    Even "if" rape laws tend to favor the rapist does not mean Lewd acts or similar charges could not be filed. The adult is far from out of the woods
     
  9. jharris352

    jharris352 New Member

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    If the age of consent is 14 with the boy at 18 no charges will be filed. Occasionally politically motivated charges of corruption of a minor are filed then dropped. You can't corrupt a minor or be lewd with her if she is of the legal age to consent to that action.
     
  10. jacksgal

    jacksgal Super Moderator

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    By your own statement the law was amended to say consent begins at 16 so there is a crime here
     
  11. jharris352

    jharris352 New Member

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    No, the law was amended to make the graduated age of 14 if the boy is 18 or younger. The age is 16 normally regardless of the age of the boy or older mate.
     
  12. BayState

    BayState Moderator

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    Would you mind posting a link to that law?
     
  13. jharris352

    jharris352 New Member

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    S.C.C.L. 16-3-655 et seq.

    After a closer look what I have found is that 16 is definitely the age of consent but if the victim is over 14 but under 16 and the actor is 18 or under without a sexual felony record it is a mitigating circumstance where the jury is authorized to find him not guilty. So I want not entirely right. That sort of legal mistake comes from a "quick internet search."

    http://www.scstatehouse.gov/code/t16c003.htm
     
  14. lonelyinny

    lonelyinny New Member

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    they have no rights

    and btw, your grandparents have no rights to this child at all
     
  15. jharris352

    jharris352 New Member

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    I have to disagree with you here. As long as she is a minor in their custody, they will have primary physical custody of the child too. They can't adopt the child out or anything but they will have control over the child in a very real sense. They could also Petition the Court for Temporary legal custody and it would probably be granted since it is doubtful that a 15 year old has the ability to care for the child's needs.
     
  16. ahsoquel

    ahsoquel New Member

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    Grandparents have no rights to thier grandchildren unless they file for Guardianship, a long and difficult process that doesn't always produce the desired results. Other ways that parental rights are amended or extinguished by the court is when Child Protective Services steps in and makes a recommendation to the court that the Grandparents have custody of a child/children and usually that's only temporary.
     
  17. jharris352

    jharris352 New Member

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    You are missing my point. It sounds to me like the grandparents have custody of the girl/mother and therefore by proxy they have custody of the baby too. If your daughter has a baby in your house and she is a juvenile and not emancipated, that baby is yours too.
     
  18. BayState

    BayState Moderator

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    Ahhh...No. That is not true. At. All. PARENTS have custody of their child...Even if they themselves are legal children.
     
  19. jharris352

    jharris352 New Member

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    I will admit that I am not certain of this, but I don't see how you can have custody of a child and not have custody of that child's child. I am willing to be wrong. Do you have anything to back you up?
     
  20. BayState

    BayState Moderator

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    Well...Yes. The Supreme Court, that ruled parents have sole care and control of their children unless found LEGALLY unfit by a court.

    The GP's have custody of their child. Mom has custody of HER child. Being under 18 doesn't mean you lose custody automatically. I just don't know how an attorney could possibly make such a statement.:confused:
     

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