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  1. #1
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    Default 21 Years Old Got My 16 Year Old Girlfriend Pregnant

    Im 21 years old in the state of Ohio. My girlfriend is 16 and has been dealing with child services and being put through foster homes (was not in a foster home and we had approval by her *guardians* at the time). Well before all this happened she ended up getting pregnant. As of yesterday, child services and everyone else found out she was pregnant. Now child services are trying to say they are going to press charges on me for this. Is there anything that can actually be charged and if so what? She was 16 when she got pregnant and is now currently 15 weeks. Please help me on what I should do about this.

  2. #2

    Default Re: 21 Years Old Got My 16 Year Old Girlfriend Pregnant (Ohio)

    The age she got pregnant isn't the issue - the issue is the age you first starting having sex with her. If she was 1 second under the age of 16, you could face criminal charges. It doesn't matter is a guardian consented or not (since a guardian cannot consent for you to commit a criminal act against another person, even if that person is under their care and control). They too could potentially be charged with a crime if they knowingly allowed you to have sex with their child under 16.

    Whether you'd be charged with unlawful sexual conduct with a minor under 2907.04, or with a sexual battery under 2907.03(6),(7),(8), or (9) depends on if there are special circumstances. Either way, it's a felony punishable by prison time (counted in years), so if you are charged, you need to speak to a criminal defense attorney ASAP. You can read the applicable law at:

    http://codes.ohio.gov/orc/2907
    Catherine NeSmith
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  3. #3
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    Default Re: 21 Years Old Got My 16 Year Old Girlfriend Pregnant (Ohio)

    She was over 16 at the time we had ever did anything at all. Im not any kind of teacher or authority figure. Just a normal 21 year old in the state of Ohio. Child Services says they are placing charges on me. However, all this just starting happening and I havent got the charges yet. I do know they are coming but I'm trying to see what I could actually be charged with so I'm not just walking into all of this blind. I did my research and tried to find something but I dont see anything that could actually be used against me. Any other information would be helpful. As well never been in any kind of trouble at all before.

  4. #4

    Default Re: 21 Years Old Got My 16 Year Old Girlfriend Pregnant (Ohio)

    Child services themselves can't bring criminal charges; only the state, in the form of the police then prosecutor gets to decide if criminal charges are going to fly. Child services can report to police/prosecutor and it'll be up to them to determine what charges, if any, are forthcoming. Beyond any statutory rape issue, other things may apply, such as interference with custody, contributing to the delinquency of a minor, etc. We're not privy to what child services might be telling police, so all you can really do is wait and see if you actually get charged with anything.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  5. #5
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    Default Re: 21 Years Old Got My 16 Year Old Girlfriend Pregnant (Ohio)

    As far as interference with custody... Her great Aunt and Uncle had her. They currently have allegations of sexual and physical abuse. She has been placed into a foster home which she wasnt willing to be placed in one which is already a law broken by Cps. While there her mother died in a car accident, who at the time was trying to get custody of her back. They are trying to say that I was planning on running off with her and getting married. Which there isnt a state you can do that without consent. At this time we knew nothing of her pregnancy. They said they would look into one of our friends and my grandmother to place her with. However now that CPS found out they are trying to turn things on me. All because the girl was being abused and wanted out of the situation. Ive been wanting to marry her and I know with proof of pregnancy you can petition the court without parents consent. However I have no idea how to go about it. They unlawfully told her not to talk to me without contacting me and saying I couldnt talk to her. Now trying to put her in sarges because they found her talking to me. This rule was placed by the people that are being accused of sexual and physical abuse on her. Sorry, Im just very lost.
    Would you know how. With her being pregnant and her wanting and planning on having the baby. How I go about petitioning it to the court to marry her. I tried calling our local court but they said you need parents consent and said they never heard of any other way. But according to Ohio revised code 3101.01-3101.05 it says you can. Which I know from what I read isnt the case that you can petition it and it be took through the juvenile court

  6. #6

    Default Re: 21 Years Old Got My 16 Year Old Girlfriend Pregnant (Ohio)

    Quote Quoting Eternaldan
    View Post
    As far as interference with custody... Her great Aunt and Uncle had her. They currently have allegations of sexual and physical abuse. She has been placed into a foster home which she wasnt willing to be placed in one which is already a law broken by Cps.
    She is a minor. That means that her legal guardian, or, the state (in the form of CPS, acting in loco parentis) decides where she lives. Period. She can not WANT to go into foster care all day long, but she doesn't have legal standing to make that decision until she hits 18 in Ohio.

    They said they would look into one of our friends and my grandmother to place her with. However now that CPS found out they are trying to turn things on me. All because the girl was being abused and wanted out of the situation.
    No. Because a 16 year old in an abusive situation is now PREGNANT. THAT is what changes the game. It tells social services that she needs a heck of a lot MORE supervision, not less. And, as they are acting in loco parentis, they have the same lawful authority to determine not only where she lives, but who she's allowed contact with. I know you're not going to like that answer, but when you have a relationship with a MINOR instead of an adult, you've got to understand that SHE isn't in charge of her own life at her age.

    Ive been wanting to marry her and I know with proof of pregnancy you can petition the court without parents consent. However I have no idea how to go about it.
    Start contacting family law attorneys in your area. It's not going to be cheap, and you have little chance of a court ordering the allowance of the marriage if CPS is having issues with you two - using an experienced attorney familiar with your local family courts is going to be your only possible shot, and even then, I wouldn't be holding my breath. Call a few and see what they say; many will give at least an initial consultation for free.

    They unlawfully told her not to talk to me without contacting me and saying I couldnt talk to her.
    See above.


    But according to Ohio revised code 3101.01-3101.05 it says you can. Which I know from what I read isnt the case that you can petition it and it be took through the juvenile court
    You'll need to work with an attorney.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  7. #7
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    Default Re: 21 Years Old Got My 16 Year Old Girlfriend Pregnant (Ohio)

    Under custody laws she has a right at 16 in the state of Ohio to refuse foster care. Upon refusing foster care they have to look into independent living. Thats what I ment by refusing. You would figure cps would try to do something to help her is my point. Yes, Ill start contacting lawyers and ask

  8. #8
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    Jan 2008
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    Toledo, OH
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    Default Re: 21 Years Old Got My 16 Year Old Girlfriend Pregnant (Ohio)

    Ive been wanting to marry her and I know with proof of pregnancy you can petition the court without parents consent.
    She'll still need the consent of her legal guardian and/or CPS. Read here.

    Under custody laws she has a right at 16 in the state of Ohio to refuse foster care.
    Citation?

    Age of majority here in Ohio is EIGHTEEN. Until then, you live where your parents/legal guardians tell you to live - and if the State is your legal guardian, you DON'T get to decide that you won't live in foster care, any more than any other 16 year-old in the state gets to decide that they won't live at home any more.
    I'm not a lawyer, but I play a researcher on the internet!
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  9. #9
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    Default Re: 21 Years Old Got My 16 Year Old Girlfriend Pregnant (Ohio)

    3101.04. Consent of juvenile court.

    When the juvenile court files a consent to marriage pursuant to the juvenile rules, the probate court may thereupon issue a license, notwithstanding either or both the contracting parties for the marital relation are under the minimum age prescribed in section 3101.01 of the Revised Code. The license shall not issue until section 3101.05 of the Revised Code has been complied with, and until such child has been born, or it is found beyond doubt by the juvenile court that the minor female is pregnant and intends to have the child.

    Normally in the state of Ohio marriage license are only through the probation court. However, in order to change that it has to be presented before the Juv court judge.
    Right there it says it can be done through Juv court.You petition the court and the Juv court can over-ride parents due to pregnancy.

    Ill have to look up the Citation to being 16 and able to refuse foster care. I dont quite remember where I seen it at and will have to find it again.

  10. #10
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    Default Re: 21 Years Old Got My 16 Year Old Girlfriend Pregnant (Ohio)

    That does not even remotely guarantee that the Juvenile Court WILL do so.

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