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Does a 16 year old girl have to live with her mother if she has a baby?
La Marque, TX
Viewed 55 times.
Posted about 1 year ago in Family
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My son who is 18 and his girlfriend who is 16 had a baby in January. She has been living with us since September and her mother knows. The girl and my son broke up and she doesn't feel that she is ready to take care of their daughter by herself so she wants to leave her with us but the mother is trying to force to come home and take the baby. My sons name is on the birth certificate. What are his rights and hers?
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I may have should have said that he was seventeen when she got pregnant and she was 16. Answers (2)John M. Kaman
This attorney is licensed in California.
Posted about 1 year ago.
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He has a right to go to prison for statutory rape. The legalage of consent in Texas is 17 years old. Although neither you nor the girl's mother may care your son has broken the law. Before you split the baby in two I'd consult a TX lawyer about his criminal situation.
Cynthia Russell Henley
This attorney is licensed in Texas.
Posted about 1 year ago.
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In Texas, the legal age of consent is 17. However, if the pair are within 3 years of dates of birth of each other (exactly - not 3 years and a day), then this is an exception.
Just because your son's name is on the birth certificate does not mean he gets the child or doesn't get the child. Generally, if he physically has the child, the police will not get involved and will say that it is a civil matter. If he wants legal custody so that he does not have problems with the mother going to day care and taking the child, etc., he must file for custody (for himself, not for you.) Likewise, the girl has the same rights to the child. If the child is in her possession, no one can force her to turn the child over. They have equal rights to the child, but like I said, police don't like to get involved and it is easier to give the child to the mother (in their eyes because parentage is easily proved - she had the baby.) The girl can be forced to return home (with or without the baby) because she is considered a juvenile runaway. At this point, you know that her mother wants her home so if you allow her (not the baby) to stay at your house, you are committing the offense of harboring a runaway. Cynthia
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