Statutory Rape, Childbirth, Co-Parenting? Any Justice? Please HELP!

Asked about 1 year ago - Desoto, TX

I was 14 when I gave birth to a child conceived with 30 year old man. This was now 9 years ago. I am wedged between such a rock and hard place; I've tried to have a co-parenting relationship with him, but he isn' t even a consistent parent to our son. I went through the OAG to pursue obtaining a court order to put in place to ensure our son has regular visitations, but I'm starting to think that this isn't a good idea. He's not on the birth certificate. The best interest of my son is what I'm trying to pursue. I'm trying to figure out what I can do in this delicate situation- should he even have a relationship with this person? This is so confusing.
I have sought an attorney who ignored the big fact that our son was born out of statutory rape...does this even matter anymore? Am I late?

Additional information

If I can add, my son, is being a victim of his abuse now. I thought that since I lied to his dad about my age stating that I was 18 when I was only 14 (although conception took place well after he found out about my real age), that I was obligated to allow a regular parenting relationship. He is being a constant bully to both me and our son. At first, I could take it, but now he's verbally and emotionally abusing our son and my son is afraid of him and to the point where he is having to stand up to his dad and has to tell him not to speak to him the way he does. This whole situation is incredible and I don't want to make emotion based decisions, but this isn't working.

Attorney answers (2)

  1. Mark Allen Land

    Contributor Level 19

    2

    Lawyers agree

    Answered . Whether the father can be convicted of statutory rape is a criminal law question. I am not a criminal lawyer. So, I cannot advise you on that issue.

    On the family law part of this, the answer is clear that you need a lawyer to help you navigate this situation. It is clear that this is a complex case and you are conflicted about it. YOu really need to sit down with someone to discuss it at length.

    Good luck.

  2. Kathryn Mary Holton

    Contributor Level 18

    Answered . Your son was born out of statutory rape. You always and still do have the option to file a report with the law enforcement agency where the statutory rape took place, that agency will investigate and present the case to the district attorney to accept or decline prosecution. Your not reporting the incident and about your age will be taken into consideration. Its possible that the lawyer you believe ignored this fact actually fully understood this and felt it may not be an avenue to pursue at this time.

    for your sake and the best interest of your son, it is imperative that you consult with a family lawyer about your options.

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