Legal Question in Family Law in California
Child custody for Teenager parents
My son is 16 years old and would like to share the responsibility of raising his son. He's in school and has a job however the grandmother will not let him see his son and called the police on my son. My question: does my son has the right to file for joint legal/physical custody of his son without the assistance of a legal parent filing the paperwork of his behalf?
2 Answers from Attorneys
Re: Child custody for Teenager parents
If you establish that you're son is the father, isn't that the same as establishing that he committed statutory rape? If he's serious about parenting the child, the two of you should retain a competent attorney to explore the pros and cons of taking any action at this time.
Re: Child custody for Teenager parents
If your son files a petition to establish paternity and his is the father, he would have all of the rights of any father. The risk of criminal charges being filed would seem slim unless the girl is more than three years younger than your son. The grandmother, I presume is the mother of the girl who had the child. She has no custodial rights over her grandchild.
Your son, assuming paternity, and the mother of the child have the parental rights and control.
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