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If the Mother is a Minor, Can the Father Still Get Visitation

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  • 11-24-2013, 10:43 PM
    dman199
    If the Mother is a Minor, Can the Father Still Get Visitation
    My question involves a child custody case from the State of: CA
    I am 21 and I had a child with my high school sweer heart (which is 17). Her mother and her are refusing to let me see my child because of disagreements. I would like to file for visitation right but the child mother is 17 and i am 21. Can i still file for visitation right if the mother of my child is a minor and i am not? Or do i simply have to wait to her 18th birthday to file? Please help!
    Thank you!
  • 11-24-2013, 10:59 PM
    jk
    Re: Can I Receive Visitation Right if the Mother of My Child is 17
    has paternity even been established?

    If not, do that first. If so, yes, you can file to have a parenting time schedule set by the courts
  • 11-24-2013, 11:13 PM
    cdwjava
    Re: Can I Receive Visitation Right if the Mother of My Child is 17
    Quote:

    Quoting dman199
    View Post
    My question involves a child custody case from the State of: CA
    I am 21 and I had a child with my high school sweer heart (which is 17).

    Ah, so there is a big DNA pot full of evidence of a felony crime. Wonderful for you! :eek:

    Quote:

    Her mother and her are refusing to let me see my child because of disagreements.
    Gee ... can't imagine why.

    Quote:

    I would like to file for visitation right but the child mother is 17 and i am 21. Can i still file for visitation right if the mother of my child is a minor and i am not?
    Sure, you can sue for paternity ... though, it means confessing to A FELONY! But, you do have the right to try and seek paternity and then visitation. of course, you will also be paying child support. And, even if you don't seek paternity, if mom utilizes any form of government assistance the state will come after you anyway for what they have paid out and will pay out.
  • 11-25-2013, 07:08 AM
    jk
    Re: Can I Receive Visitation Right if the Mother of My Child is 17
    Quote:

    Quoting cdwjava
    View Post
    Ah, so there is a big DNA pot full of evidence of a felony crime. Wonderful for you! :eek:


    Gee ... can't imagine why.


    Sure, you can sue for paternity ... though, it means confessing to A FELONY! But, you do have the right to try and seek paternity and then visitation. of course, you will also be paying child support. And, even if you don't seek paternity, if mom utilizes any form of government assistance the state will come after you anyway for what they have paid out and will pay out.

    dang, I keep forgetting that California is uber conservative when it comes to their age of consent. That is so odd given you have some of the most labor friendly labor laws, pseudo-legal marijuana, and some of the most expansive speeding ticket defenses anywhere in the country. If you are going to be aggressive on any area of law, at least you picked the right one.:applause:
  • 11-25-2013, 10:07 AM
    dman199
    Re: Can I Receive Visitation Right if the Mother of My Child is 17
    I would like to be a father to my child but since the mother is 17 i have doubts about filing for visitation rights. I am a afraid if i do file for visitation the law i might face criminal charges which i am trying to avoid. Should i just wait til she turn 18 or would it even matter?
    Thank you
  • 11-25-2013, 10:09 AM
    jk
    Re: Can I Receive Visitation Right if the Mother of My Child is 17
    Quote:

    Quoting dman199
    View Post
    Should i just wait til she turn 18 or would it even matter?
    Thank you

    would the crime somehow not have taken place if you waited a year to report the crime?
  • 11-25-2013, 11:48 AM
    cdwjava
    Re: Can I Receive Visitation Right if the Mother of My Child is 17
    Quote:

    Quoting dman199
    View Post
    I would like to be a father to my child but since the mother is 17 i have doubts about filing for visitation rights. I am a afraid if i do file for visitation the law i might face criminal charges which i am trying to avoid. Should i just wait til she turn 18 or would it even matter?
    Thank you

    It would not matter. The crime has occurred.
  • 11-25-2013, 02:23 PM
    CourtClerk
    Re: Can I Receive Visitation Right if the Mother of My Child is 17
    Quote:

    Quoting dman199
    View Post
    I would like to be a father to my child but since the mother is 17 i have doubts about filing for visitation rights. I am a afraid if i do file for visitation the law i might face criminal charges which i am trying to avoid. Should i just wait til she turn 18 or would it even matter?
    Thank you

    The crime has already been committed so it matters not when you file for visitation. Go ahead down to the courthouse and file your case, then be prepare to face ALL the consequences of your actions. I commend you for wanting to be responsible, but you can't pick and choose when you want to be.
  • 11-25-2013, 02:36 PM
    llworking
    Re: Can I Receive Visitation Right if the Mother of My Child is 17
    One interesting issue...the odds of a currently 17 year old and a currently 21 year old being in high school at the same time are slim. That is enough of an age difference that its unlikely that they would have been in high school at the same time, therefore "high school sweetheart" is unlikely. I suppose its not impossible, but it definitely seems unlikely.

    Edit...

    I suppose if she was almost 18 and going to graduate in may, and he just turned 21 and graduated at 19 they could have been in high school together.
  • 11-25-2013, 02:40 PM
    CourtClerk
    Re: Can I Receive Visitation Right if the Mother of My Child is 17
    Quote:

    Quoting llworking
    View Post
    One interesting issue...the odds of a currently 17 year old and a currently 21 year old being in high school at the same time are slim. That is enough of an age difference that its unlikely that they would have been in high school at the same time, therefore "high school sweetheart" is unlikely. I suppose its not impossible, but it definitely seems unlikely.

    What if the currently 21 year old just turned 21 and the 17 year old is closer to 18 than to just have turned 17? What if the 21 year old was born later than the first week of December and then started school at 6? What if the 17 year old skipped a grade? What if the 21 year old were also held back a year?
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