Legal Question in Family Law in Louisiana

i have a question of legality on a pregnancy. My son had a 15 year old girlfriend(just turned 15) and a month later my son and her had sex. week later found out she was pregnant. at the time my son was 17. She went to the Dr. and found out that she was indeed pregnant. A month later he turned 18. Is there any chance that her family could prosecute my son for this, and can they keep him from seeing his own child. The baby is due in 20 days.

Thanks

A concerned Mother


Asked on 6/20/10, 5:32 pm

2 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

Dear Mom, take a deep breath. This isn't as bad as your fears. Until a couple of years ago your son would have been chargeable with a felony, Carnal Knowledge of a Juvenile. The Louisiana Legislature, quite sensibly, realized that there is a major difference between the hormones of two teens and molestation. If the ages are more than two but less than four years apart the charge would be Misdemeanor Carnal Knowledge of a Juvenile. The maximum penalty would be 6 months in jail. He would probably get probation. Most importantly, he would not have to register as a sex offender.

As to the visitation, I cannot imagine a judge keeping him from the baby unless he is somehow bad for the child. He is the father and might be more entitled to custody than the grandparents.

Read more
Answered on 6/20/10, 10:56 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

While I disagree with Mr. Casanave about the sanity of the legislature......that sanity is part of what is happening with our society today.....he is correct. He is the father, but must show he is ready willing and able to support the child and he can demand a DNA and have his name on the birth certificate. I hope he does the responsible thing and it is not you that carries the load for him. If you give the boy a chance but he quickly shows he does not want the responsibilty then he needs to be made to pay. A 17 year old having sex with a 15 year old is not the same thing as a 28 and 26 year old getting together. If the children really care about the child, their life is over for the next 18 years while they raise their child correctly.

Read more
Answered on 6/21/10, 4:29 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Louisiana