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  1. #1
    Join Date
    Oct 2007
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    1

    Default Threats By Mother of Pregnant, Underage Girlfriend

    My brother's girlfriend is a minor and pregnant. She is 16 and 8 months. She has been living in a dormitory at Job Corps for the last six months I believe and is now on maternity leave. She and my brother have been staying at my house because she does not get along with her parents. The parents are on drugs and her mother goes back and forth on approving of the relationship with my brother. Currently she hates him. Recently she threatened my brother's girlfriend saying that because she (brother's gf) is a minor, she (gf's mom) has legal rights to the baby and every decision my brother's gf makes has to be done through her. Her mother told her there is no way she is giving the baby my brother's last name and he will not be allowed to see the baby. The mother also said that if my brother's gf does not follow through with her decisions for the baby she will take it from her and put my brother in jail. My brother just turned 20 yesterday. Her mother knew they were sleeping together (she took her to get an abortion a month previous to this pregnancy), she even allowed them to stay at her house together. Now that she is fighting with my brother's gf, she wants to press charges and control her daughter through the baby. My question is, is this legal? we live in california.

  2. #2

    Default Re: Threats By Mother of Pregnant, Underage Girlfriend

    Eventually, the gf's mother will figure out that she is NOT a judge, and therefore not legally capable of handing down her will as law

    Recently she threatened my brother's girlfriend saying that because she (brother's gf) is a minor, she (gf's mom) has legal rights to the baby and every decision my brother's gf makes has to be done through her.

    Not unless a court orders so and gives her custody. Just wishfull thinking on her part.


    Her mother told her there is no way she is giving the baby my brother's last name and he will not be allowed to see the baby.

    Again, not her decision. The father should establish himself as the father via paternity test asap. At least that way mom further down the possible list of custodians if things turn for the worse legally.


    The mother also said that if my brother's gf does not follow through with her decisions for the baby she will take it from her and put my brother in jail.

    Taking a baby that isn't yours without custody otherwise established through a court is called "kidnapping" - a felony in most states. However, the part about your brother going to jail is a distinct possibility as the ages of the parents concerned certainly point to statutory rape. If mom is so inclined to file a police report, it is POSSIBLE that criminal charges COULD be brought. The fact that mom didn't throw a fit about this earlier (ie the abortion) doesn't mean that her changing her mind makes a difference - it doesn't - regardless of mom's take on the situation, statutory rape is still statutory rape even WITH parental approval at some point.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
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    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3
    Join Date
    Feb 2007
    Posts
    2,032

    Default Re: Threats By Mother of Pregnant, Underage Girlfriend

    Quote Quoting aardvarc
    View Post
    Eventually, the gf's mother will figure out that she is NOT a judge, and therefore not legally capable of handing down her will as law

    Recently she threatened my brother's girlfriend saying that because she (brother's gf) is a minor, she (gf's mom) has legal rights to the baby and every decision my brother's gf makes has to be done through her.

    Not unless a court orders so and gives her custody. Just wishfull thinking on her part.


    Her mother told her there is no way she is giving the baby my brother's last name and he will not be allowed to see the baby.

    Again, not her decision. The father should establish himself as the father via paternity test asap. At least that way mom further down the possible list of custodians if things turn for the worse legally.


    The mother also said that if my brother's gf does not follow through with her decisions for the baby she will take it from her and put my brother in jail.

    Taking a baby that isn't yours without custody otherwise established through a court is called "kidnapping" - a felony in most states. However, the part about your brother going to jail is a distinct possibility as the ages of the parents concerned certainly point to statutory rape. If mom is so inclined to file a police report, it is POSSIBLE that criminal charges COULD be brought. The fact that mom didn't throw a fit about this earlier (ie the abortion) doesn't mean that her changing her mind makes a difference - it doesn't - regardless of mom's take on the situation, statutory rape is still statutory rape even WITH parental approval at some point.
    I agree. I would also like to point out that Jenny is committing a crime if she is allowing them to sleep together in her home.

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