Legal Question in Family Law in California
Teen's Rights during pregnancy
After finding out in January that my girlfriend was pregnant, she later admitted she was 17 and not 20 like she told me before. Her mother is trying to come between us and kicked me out of her house where I was renting. Now my girlfriend is 6 1/2 months pregnant and we want to move in together but her mom threatens to call the police and say I kidnapped her daughter. My girlfriend wants to be with me. She will be 18 in October. Does she have any rights to move out if she wants or can her mother stop her even though she is pregnant?
3 Answers from Attorneys
Re: Teen's Rights during pregnancy
wait until october
Re: Teen's Rights during pregnancy
I would recommend that you wait until October. Your girlfriend is still a minor until her 18th birthday even though she is pregnant. She could get emancipated, but by the time it goes through she will be 18 so there really isn't any point. If the child is born before her 18th birthday you have a right to see your son you are also obligated to pay child support. I would just try to tuff it out because technically her mother could file charges against you for statutory rape which she can prove since you and your girlfriend obviously had sex since she is 61/2 months pregnant. Even after she turns 18 the mother can still press charges since you had sex with a minor, no matter how old you thought she was she was only 17 and you were the adult in the situation. The best thing to do right now is to lay low and hope that the mother relaxes after the baby is born and allows you to be the father you need to be. You have to understand that you got her baby pregnant and in her mind you were an adult and took advantage of her daughter, even though you may not have, that is how she sees it. You'll understand how she feels the minute your child is born. Good luck. Just lay low and realize that you will be forever connected to this woman through your child. If you can respect the mother's wishes now and act like an adult she may just start to trust and respect you. If you try to take her daughter away from her at this point you will probably never have a great relationship with your baby's grandma. You are going to have one heck of a responsibility raising a child with a girl who is barely an adult herself. You need to focus on providing for your child right now not on finding a way to be together with your girlfriend for the few weeks before she turns eighteen. Remember what I mentioned before, you and this girl will be raising a child together for the rest of your life, you won't even remember the few weeks you spent apart eighteen years from now when your baby is graduating from high school or planning for it's own baby. I wish you the best of luck and I hope you strive to be the best father you can be to your child.
John Hayes, Esq.
Re: Teen's Rights during pregnancy
She has the option of petitioning for emancipation. Please call me directly at (619) 222-3504.