Legal Question in Family Law in California

I'm 19 years old with 2 kids. My boyfriend is 22 years old and he is the father of both my children. I was 17 when I got pregnant and had my son at 18. I want to move in with my boyfriend but my dad says he will call the cops and get my boyfriend arrested for being over age when I got pregnant and he said they will take my son away. Is this true?


Asked on 12/01/15, 4:51 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

He cannot take your children from you. Cps will not become involved unless the children are in danger or not living in a safe and healthy environment. As for the charges for under aged sex that is a criminal law question. Repost the question in the criminal law section.

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Answered on 12/01/15, 5:00 pm

I agree that CPS is unlikely even to get involved absent a danger to the children. As for the criminal component it will depend heavily on when your birthdays are. The statute of limitations for adult sex with a minor is one year if they are less than three years apart in age, and three years if they are more than three years apart. Since you are 19 and your boyfriend is 22, that means your actual birthdays will decide whether the statute of limitations has run out by now or not. If the statute of limitations ran out because you are actually only two years and some months apart, there is nothing you can do, but if you are actually three years and even one day apart in age, then you probably need to wait until three years after the first time you had sex before you are free and clear of your dad's threats.

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Answered on 12/02/15, 8:33 am


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