Legal Question in Family Law in Florida
2 minors having kids
my son 16 an girlfrend 15 have 2 kids 15 months and 6 months. girlfriend is living with us for 9 months with 6 month old. can my son get charged with anything. her Mom has been keeping 15 month old and will not let parents keep him fulltime. when 15 yr old left home mother made her leave 15 month baby but has no legal papers for custody.neither child has given up any rights.is 15 yr old able to give rights up to children or get emacipated. what is fathers rights to children. Mother threatens child with sending her to father to live if she tries to take oldest child.
1 Answer from Attorneys
Re: 2 minors having kids
Your son could be charged with Lewd or Lascivious Battery (Statutory Rape), which is having sex with someone under 16. Assuming he's charged as an adult, he could be looking at 15 years, with a typical sentence for a first-time offender being about seven years. But prosecutors are usually a lot kinder with offenders his age.
Your son's girlfriend can take the 15-month-old at any time, since she's the biological parent. The grandmother has no rights to the 15-month-old. Your son will have the same parenting rights as his girlfriend once he files a paternity suit.