I am 18 and pregnant. My due date is February 27th, 2014. The father of my child is currently 17 yrs old. At the time of conception (June 6th), I had just turned 18 (May 30th). First, I would like to know if I could face any legal consequences because of the age difference. Second, the father of my child has no doubt that the baby is his but his mother believes that he isn't the father, could she prevent him from signing the Rights of Parentage papers because he is a minor? Can she deny him the right to see his child?
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Teen Father Rights
- Thread Starter jrl2371
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Proserpina
Moderator
The easiest way to do this is by establishing paternity in court. Mom has no say in this whatsoever, and she cannot prevent her son from getting and exercising parenting time. Now with that said, because he's only 17 she could feasibly try to get a restraining order against you which can amount to the same thing.
You can read more here: http://www.dss.virginia.gov/pub/pdf/dcse_paternity.pdf
The age of consent in Virginia is 18. Realistically speaking though, the State would not be able to prove that conception didn't occur on May 28th versus June 6th. It's too tight a window, and even today we cannot definitively determine the DOC to a particular day. There's at least a week or so either side.
You can read more here: http://www.dss.virginia.gov/pub/pdf/dcse_paternity.pdf
The age of consent in Virginia is 18. Realistically speaking though, the State would not be able to prove that conception didn't occur on May 28th versus June 6th. It's too tight a window, and even today we cannot definitively determine the DOC to a particular day. There's at least a week or so either side.
army judge
Super Moderator
When will the alleged father be 18 years of age?
According to VA law, and laws all across the USA, he's a minor.
As a minor, his paternity can only be established by going to court.
Why?
He is a legal incompetent, and unable to establish contracts and sign legal documents.
Even if his mother was supportive of him signing a birth certificate, he can't.
I suggest you wait until the baby is born, you are fully recovered, then go to court, the pamphlet Pro gave you shows you how to get the state to help, and ensure he's the father via genetic testing.
Don't make waves and try to steamroll his mother.
It could turn ugly for everyone.
According to VA law, and laws all across the USA, he's a minor.
As a minor, his paternity can only be established by going to court.
Why?
He is a legal incompetent, and unable to establish contracts and sign legal documents.
Even if his mother was supportive of him signing a birth certificate, he can't.
I suggest you wait until the baby is born, you are fully recovered, then go to court, the pamphlet Pro gave you shows you how to get the state to help, and ensure he's the father via genetic testing.
Don't make waves and try to steamroll his mother.
It could turn ugly for everyone.
Proserpina
Moderator
Here's the thing. As soon as he turns 18? He can very politely tell Mom to take a hike.
Unless you're on certain types of State aid, you cannot be forced to file for child support either, and the State certainly won't do it on your behalf.
As it is, she CANNOT stop him from seeing his child. Yes, she might be able to get a restraining order against you - but that won't include his child, and you'd be able to "hand off" the child during visits.
Unless you're on certain types of State aid, you cannot be forced to file for child support either, and the State certainly won't do it on your behalf.
As it is, she CANNOT stop him from seeing his child. Yes, she might be able to get a restraining order against you - but that won't include his child, and you'd be able to "hand off" the child during visits.
army judge
Super Moderator
OP, the best thing for all parties concerned is to wait until he's 18.
At age 18 he's an adult.
It's only 5 months, not forever.
Slow down, take a deep breath, take a time out.
Don't push people into reacting. You wouldn't like it, others don't either.
There's no need to what if that, what if this, if you take it slow.
Let everyone pause, wrap their heads around everything, cool off, and you might be surprised how well things turn out. The last thing I'd want to do, if I were you, is get entangled in a lengthy, nasty, court fight. Who knows what either of you will want to do in 3 years, much less 13 years?
You're both going to live with this kid for at least 18 years, if he's proven to be the dad. So, take it slow. Besides, a 17 year old, non-high school grad can't support himself, much less a baby.
It's time to get real. Life is about to smack all of you right in the kisser!
At age 18 he's an adult.
It's only 5 months, not forever.
Slow down, take a deep breath, take a time out.
Don't push people into reacting. You wouldn't like it, others don't either.
There's no need to what if that, what if this, if you take it slow.
Let everyone pause, wrap their heads around everything, cool off, and you might be surprised how well things turn out. The last thing I'd want to do, if I were you, is get entangled in a lengthy, nasty, court fight. Who knows what either of you will want to do in 3 years, much less 13 years?
You're both going to live with this kid for at least 18 years, if he's proven to be the dad. So, take it slow. Besides, a 17 year old, non-high school grad can't support himself, much less a baby.
It's time to get real. Life is about to smack all of you right in the kisser!
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If there was no need for what if this and what if that then I surely wouldn't be worrying my little head about it. I'm concerned for my child. She is threatening to do a lot of nasty things and I want to be aware of the father's and my rights. She wants to make this a lengthy, nasty court fight and I want to be prepared. Excuse me for using the site the way it was intended to be used.
Proserpina
Moderator
There will be no stressful, angry court battle.
When baby is born, get paternity sorted out (or not - you can wait until later on for Dad to get paternity out of the way).
His Mom has absolutely no standing to interfere with a darned thing here. Please, do not let yourself be bullied.
Then you can get custody, visitation and child support out of the way.
Again I cannot emphasize enough that you do not need to cater to his Mom's wishes. At the moment there is only one person with any standing to do anything. That's you.
When baby is born, get paternity sorted out (or not - you can wait until later on for Dad to get paternity out of the way).
His Mom has absolutely no standing to interfere with a darned thing here. Please, do not let yourself be bullied.
Then you can get custody, visitation and child support out of the way.
Again I cannot emphasize enough that you do not need to cater to his Mom's wishes. At the moment there is only one person with any standing to do anything. That's you.
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