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  1. #1
    Join Date
    Nov 2011
    Posts
    3

    Default 16 Year Old Son Had Baby with 19 Year Old Girlfriend

    My question involves juvenile law in the State of: New York

    When he was 15, my son slept with his then 17 year old girlfriend. In March, while my son was still 15, they had a baby.

    I'm afraid that my son (or I, since he is a minor) will be financially responsible for this child. The age of consent in NY is 17, and obviously he was underage (15) when the baby was born.

    I understand there is a financial responsibility, but this girl took advantage of my son. She has some bad friends who turned my son onto heroin, and she is now in jail for burglary. I would hate for my son to have to be FORCED to pay for something he really didn't have the maturity nor mind set due to the drugs, to control.

    I spoke with the local ADA and she was adamant about me pressing charges, saying that if this was my daughter instead of my son, I'd be really upset. I know this poor girl has a lot on her plate and I don't want to press charges if I don't have to.

    Given this mitigating circumstance, what are my son's financial responsibilities?

    The maternal grandmother has temporary custodial rights.

    Thanks for any advice.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: 16 Year Old Son Had Baby with 19 Year Old Girlfriend

    At the moment, your son has no financial responsibilites, and he will not until paternity is legally established. When it is, THEN he will have financial responsibilities, which will probably (Doggie, Missy or Aardvarc will correct me if I am wrong) be deferred until he is 18. But he had the fun of making this baby; now he will have the fun of paying for it. He was mature enough for the one, now he gets to be mature enough for the other. Whether you do or do not press charges against the mother will not affect what the court orders him to pay (when it gets to that point). The child, that your son contributed his DNA to, has the right to be supported by BOTH parents.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 16 Year Old Son Had Baby with 19 Year Old Girlfriend

    If your son's girlfriend is an unfit mother, and he's now clean and sober, he can petition to try to get custody of his child. Then he can ask that she pay support to him. Obviously, given his age, he would need your support and assistance in any such petition. If he's content to leave the child with grandma, that's his choice to make - but the mother grew up in that household and he knows how the mother came out. (I don't want to overgeneralize - addiction and misbehavior can occur even when kids come from good homes - but in many cases there's a multi-generational pattern.)

    Pressing charges won't change your son's obligation to pay child support. If grandma seeks support, the order would typically be minimal or delayed until he graduates (or drops out) or turns 18. Some states have laws that require a grandparent to reimburse the state if their minor child's child (their grandchild) receives TANF, but in most states there's no grandparental responsibility for support.

    If your son's girlfriend is an unfit mother, and he's now clean and sober, he can petition to try to get custody of his child. Then he can ask that she pay support to him. Obviously, given his age, he would need your support and assistance in any such petition. If he's content to leave the child with grandma, that's his choice to make - but the mother grew up in that household and he knows how the mother came out. (I don't want to overgeneralize - addiction and misbehavior can occur even when kids come from good homes - but in many cases there's a multi-generational pattern.)

    Pressing charges won't change your son's obligation to pay child support. If grandma seeks support, the order would typically be minimal or delayed until he graduates (or drops out) or turns 18. Some states have laws that require a grandparent to reimburse the state if their minor child's child (their grandchild) receives TANF, but in most states there's no grandparental responsibility for support.

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