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  #1  
Old 06-15-2009, 06:13 AM
SingleMomInMS
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Default Advice for Underage Pregnant Daughter

I just found out my 14 year old, soon to be 15 year old, daughter is pregnant by an 18 year old. He says he has good intentions regarding helping out with the baby, but his actions are not reflecting that. He does not, obviously, lead a responsible lifestyle, and I worry about him being able to take the baby for unsupervised visits once it is born.
What are his rights to this baby, and what are our choices for naming the baby. Is there a difference, legally, for giving the baby his name, or hers?
Will he be reported to the law for this?
Any information would be appreciated.
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  #2  
Old 06-15-2009, 09:50 AM
aardvarc aardvarc is offline
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Quote:
Originally Posted by SingleMomInMS View Post
I just found out my 14 year old, soon to be 15 year old, daughter is pregnant by an 18 year old.
What you've got here appears to be a case of statutory rape:

97-3-65. (1) The crime of statutory rape is committed when:

(a) Any person seventeen (17) years of age or older has sexual intercourse with a child who: (i) Is at least fourteen (14) but under sixteen (16) years of age;

If he was under 18 at the time of conception and is convicted, the max he could be looking at is imprisonment for not more than five (5) years in the State Penitentiary or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

If he was 17 at the time, then the court has wide discretion, including discretion to do NOTHING to him.


Quote:
I worry about him being able to take the baby for unsupervised visits once it is born.
If he's the father, and is established as such, you can count on him being allowed at least visitation; and given that the mother is 14, he'd have a good case for him to be the custodial parent if he wanted to do so (at 18 he's old enough to work to support the baby, your daughter is not). The court will consider him to be a fit parent until and unless something proves otherwise - so I'd be planning for unsupervised visits.


Quote:
What are his rights to this baby,
None, until paternity is established. Once it is, he is a legal parent with all the legal rights that parents have. Limitations on those rights will depend on language in any custody order.

Quote:
and what are our choices for naming the baby.
The mother gets to name the baby.

Quote:
Is there a difference, legally, for giving the baby his name, or hers?
She can name the child Santa Claus if she wants to.

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Will he be reported to the law for this?
If you report the crime, yes. Otherwise it's a crap shoot. There is the possibility that her medical provider could report (and is probably legally required to IF they know the father's age), but you can't take that to the bank. If you want the crime reported, the only way to be sure is to handle it yourself.

Be aware however, that even with a conviction, he's STILL likely to be granted access to HIS child.
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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org
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  #3  
Old 06-15-2009, 10:17 AM
underdog underdog is offline
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Just a note. If Dad is doing time in jail he wont see child until hes out. As a Father of a teen (14) and preteen (12) Daughters I woud urge you report this to Police. Your Daughter's life is forever altered now
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Your best advice legal advice does not come from internet message boards, Police, friends, family, your neighbors etc.It comes from an Attorney. Advice given here should not replace legal advice from a qualified Attorney.
Non legal parenting and relationship issues http://www.parentnook.com/forum/
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  #4  
Old 06-15-2009, 11:53 AM
SingleMomInMS
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Thank you for your replies.
My concern about him being reported is that it will impair his ability to see and provide for the child, should he man up and do that. He was 18 at conception, and since then, he has dated another young girl my daughter's age. So, I feel almost like I need to protect her as well.
I very much want him to be a part of this child's life, but currrently, his lifestyle of drinking, smoking, and doing recreational drugs worries me. Unless he changes that behavior, I don't want him to be able to take this baby off alone.
We have been told so many conflicting stories regarding the naming of this child and his rights in regard to that. I was just wondering if there was any truth to it. Apparently not.
So, the bottom line, I guess, is that we would have to have to hire somebody and take him to court over custody issues? As a single mom myself, the cost of that would be out of the question. Would DHS be able to help out somehow?
Thanks again for the advice.
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  #5  
Old 06-15-2009, 02:14 PM
underdog underdog is offline
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Not reporting it could land you in trouble and cause another 14 year old to get pregnant.
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Your best advice legal advice does not come from internet message boards, Police, friends, family, your neighbors etc.It comes from an Attorney. Advice given here should not replace legal advice from a qualified Attorney.
Non legal parenting and relationship issues http://www.parentnook.com/forum/
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  #6  
Old 06-15-2009, 06:06 PM
moderator moderator is offline
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I do agree with both aardvarc and underdog on this. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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