Legal Question in Family Law in California
Responsibility
I have been divorced for 10 years. My ex-wife and I have joint custody of our son. One week at her house one week at my house. My ex-wife left my son 14 yr old son alone one weekend and he got a 14 yr old pregnat. I'm I still financially responsible for my ex-wifes neglect? The mother of the 14 yr old child is suing for child support.
2 Answers from Attorneys
Re: Responsibility
"Suing" whom for child support? She can't go after the minor child. I do not believe she can go after the minor's parents.
From your letter, it sounds like the pregnancy went full term and the child was born. If that is the case, the mother of the mother should put the child on aid (TANF, formerly called AFDC or welfare). The Child Support Services agency will then seek reimbursement from your son, but not before he turns 18 years old.
Finally, your son should seek DNA testing before there is any admission of paternity. And, of course, both children need to be counseled regarding birth control and safe sex.
Re: Responsibility
California law provides that parents are not responsible for child support for a grandchild.