Legal Rights for 16 Year Old Father

[julz867530@aol.com]

My question involves a child custody case from the State of: TEXAS

I need help and I will make this short and stick to the facts.

My 16yr old son has gotten his 14yr old girlfriend pregnant(she will be 15 in July). She has a very bad home enviroment. There are 6 people in an 864sqft house, 4 of which are children. The stepfather alledges hits her on occasion when he is drunk or drugged up. He had charges on him 2yrs ago for family violence because he beat the wife and all 4 kids. He also has a drug record from several yrs ago. The mother is pilled out on Xanax and sleeps all the time.

Her real father that she sometimes stays with is also a convicted felon who has served time a couple of times in the penitentary. He just was recently released again 6 mos ago.

Our home life is completely opposite. We have a nice home, good jobs, no criminal records, our oldest daughter is in nursing school and our middle son is leaving for University of Texas in Austin in the fall. We will have plenty of room for a baby. Before anyone attacks.....I am NOT saying that because we have money and they don't makes us better people. I am saying we are a more stable, drug free, record free home. We were as poor as they come when we first got married.


What are our chances of either my son getting custody or us(the grandparents) when the baby is born? I realize there will be a paterenity test to establish paternity. She has full intentions of naming him as father on birth certificate. If she does that, will that be enough at first to establish his rights? Also, can he be sued for childsupport at 16yrs old?

Thanks!

[Antigone]

My question involves a child custody case from the State of: TEXAS

I need help and I will make this short and stick to the facts.

My 16yr old son has gotten his 14yr old girlfriend pregnant(she will be 15 in July). She has a very bad home enviroment. There are 6 people in an 864sqft house, 4 of which are children. The stepfather alledges hits her on occasion when he is drunk or drugged up. He had charges on him 2yrs ago for family violence because he beat the wife and all 4 kids. He also has a drug record from several yrs ago. The mother is pilled out on Xanax and sleeps all the time.

Her real father that she sometimes stays with is also a convicted felon who has served time a couple of times in the penitentary. He just was recently released again 6 mos ago.

Our home life is completely opposite. We have a nice home, good jobs, no criminal records, our oldest daughter is in nursing school and our middle son is leaving for University of Texas in Austin in the fall. We will have plenty of room for a baby. Before anyone attacks.....I am NOT saying that because we have money and they don't makes us better people. I am saying we are a more stable, drug free, record free home. We were as poor as they come when we first got married.


What are our chances of either my son getting custody or us(the grandparents) when the baby is born? I realize there will be a paterenity test to establish paternity. She has full intentions of naming him as father on birth certificate. If she does that, will that be enough at first to establish his rights? Also, can he be sued for childsupport at 16yrs old?

Thanks!

He has no legal rights until paternity can be established. Mom will be have be ruled an unfit mother before baby goes anywhere ~ she isn't even a mother yet.

I sense some major overstepping here.

[julz867530@aol.com]

No, not meaning to do any overstepping, just extremely concerned about a newborn being brought into that enviroment. So even though he gets named father on BC, he still will not have legal rights until after a DNA even if she says he is the father?

[Xena]

No, not meaning to do any overstepping, just extremely concerned about a newborn being brought into that enviroment. So even though he gets named father on BC, he still will not have legal rights until after a DNA even if she says he is the father?

Even if he voluntarily signs the AOP, he really needs to file for a custody order. He should do that as soon as the baby is born.

In the mean time, it won't hurt to get a consult with a local attorney so that your son will know exactly what steps to take when the baby is born.

[julz867530@aol.com]

Thank You, we will. I am just wanting to know if anybody knows anything about Texas law and thinks we might have a chance. Do they sue 16yr olds for child support in Texas?

[aardvarc]

Do they sue 16yr olds for child support in Texas?

Sure they do - 16 is old enough to make a baby, AND it is old enough to get a part time job after school and on weekends. The amount won't be much - courts understand how few hours a full time high school student is able to work, AND how much they are likely to make per hour. However, if able to work, the court will EXPECT a parent to work to support the child, and will gradually increase that amount as earning potential increases over time.

On the plus side, child support only lasts 18 - 22 years, depending on how the court rules.

[julz867530@aol.com]

Thank you for the info. He already has a job that he works in the evenings and every weekend that he has held for 6 mos now. He understands he will will be financially liable for this child regardless of who gets custody. Also, 18-22yrs of supporting them is very wishful........does it really ever stop?

[cyjeff]

Thank you for the info. He already has a job that he works in the evenings and every weekend that he has held for 6 mos now. He understands he will will be financially liable for this child regardless of who gets custody. Also, 18-22yrs of supporting them is very wishful........does it really ever stop?

Legally, yes.

[julz867530@aol.com]

True.

Can anybody tell me if the courts take into consideration the living conditions as far as number of people in the house, and the stepfathers criminal record? Or is it just soley based on whether or not the 14yr old is a "fit" mother? Can a 14yr old be consider a "fit" mother?

[Xena]

True.

Can anybody tell me if the courts take into consideration the living conditions as far as number of people in the house, and the stepfathers criminal record? Or is it just soley based on whether or not the 14yr old is a "fit" mother? Can a 14yr old be consider a "fit" mother?

Yes, a 14 yr old can be a "fit" mother.

When your son goes to court, he might need to ask for a Guardian Ad Litem to be involved, because then each parent's living conditions are looked at and evalulated.

While waiting for the baby to be born, it will help you and your son alot if you get a consult with a local attorney. A local attorney will know more about what your jurisdiction typically looks at when deciding custody when both parents are minors.