View Full Version : Ex is 4 months pregnant.. Legal advice?
ChaseTheSun
Apr 5, 2010, 10:39 PM
So my boyfriends ex girlfriend found out she was 4 months pregnant with most likely his kid. The relationship didn't end well, he wants nothing to do with her and she wants nothing to do with him. She is 17 and my boyfriends 21. The girls mother asked him to sign all his rights over to her so he has nothing to do with the baby.
Is that possible? Will he still have to pay child support? Basically he just found all this out a few days ago and doesn't know what to do from here. Any suggestions or info on what's probably going to happen would be great. Thank you.
GV70
Apr 5, 2010, 11:39 PM
The girls mother asked him to sign all his rights over to her so he has nothing to do with the baby. Is that possible?
Probably yes.
Will he still have to pay child support?
If he is proven as the father she has right to get child support from him when she likes.
cdad
Apr 6, 2010, 04:16 AM
What state is this in ?
ScottGem
Apr 6, 2010, 04:16 AM
Please read the sticky note at the top of this forum that deals with the issues of terminating rights. While its possible it is highly unlikely. Courts are very reluctant to grant a TPR (only a court can grant one, a person cannot sign a paper that legally relinquishes rights) and even more reluctant if it will terminate the father's responsibility to pay support.
Your boyfriend should have though of this before having sex with her. There is a strong probability he will be paying for that decision for the next 18 years.
I have to ask here how old you are. You boyfriend had sex with a minor. Depending on where you live, its possible your boyfriend committed statutory rape. If you are also a minor, it would seem he has a penchant for underage females. In that case I would not consider him good boyfriend material.
this8384
Apr 6, 2010, 08:01 AM
So my boyfriends ex girlfriend found out she was 4 months pregnant with most likely his kid. The relationship didn't end well, he wants nothing to do with her and she wants nothing to do with him. She is 17 and my boyfriends 21. The girls mother asked him to sign all his rights over to her so he has nothing to do with the baby.
Is that possible? Will he still have to pay child support? Basically he just found all this out a few days ago and doesn't know what to do from here. Any suggestions or info on what's probably going to happen would be great. Thank you.
I thought you were 19, not 17
https://www.askmehelpdesk.com/criminal-law/caught-shoplifting-30-make-up-414813.html
ScottGem
Apr 6, 2010, 09:15 AM
I thought you were 19, not 17
https://www.askmehelpdesk.com/criminal-law/caught-shoplifting-30-make-up-414813.html
She's saying the boy friend's ex was 17.
this8384
Apr 6, 2010, 09:22 AM
She's saying the boy friend's ex was 17.
My mistake. Glad to see people still don't pay attention to the rating system guidelines...
Fr_Chuck
Apr 6, 2010, 09:25 AM
First I would check the age of consent, snce if it is 18 there could be legal trouble for having sex.
He most likely will not be able to sign over his rights, it is not that easy and often he will still pay child support even if he does ( unless someone else adopts)
So this to you is a good boyfriend, he wants nothing to do with his child? *** did not say child's mother** but the child. So if you and he have a child and he decides to move on, you were be OK with no support from him and would not expect him to be a father to his child ?
ChaseTheSun
Apr 6, 2010, 10:15 AM
I live in Washington.
And I'm 19. I believe the legal age is 16.
And he had sex with his girlfriend who said she was on birth control, what there to think about, he didn't think he'd be having a kid. But that's how it is now and there's nothing he can do. He'd just like to know what he should do about it. The baby's mom and her mom want the baby and he doesn't want to do with it and they don't want him having to do with it either.
So most likely no matter what he will be paying for child support though?
this8384
Apr 6, 2010, 10:16 AM
I live in Washington.
And i'm 19. I believe the legal age is 16.
And he had sex with his girlfriend who said she was on birth control, what there to think about, he didn't think he'd be having a kid. But that's how it is now and there's nothing he can do. He'd just like to know what he should do about it. The babys mom and her mom want the baby and he doesn't want to do with it and they don't want him having to do with it either.
So most likely no matter what he will be paying for child support though?
Yes, there is something he can do about it. He can be a father to the child he created.
And no, the legal age for sexual intercourse is not 16.
GV70
Apr 6, 2010, 10:38 AM
RCW 9A.44.093
"(1) A person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim."
cdad
Apr 6, 2010, 11:32 AM
My mistake. Glad to see people still don't pay attention to the rating system guidelines...
Ref:
https://www.askmehelpdesk.com/forum-help/using-comments-feature-official-guidelines-24951.html
ChaseTheSun
Apr 6, 2010, 10:17 PM
I'm not hear to talk about if he's a "good boyfriend", or there ages when they had sex, or anything like that, I was giving detail to help my questions. But she ed up, they broke up, she made up a lie that she was pregnant before she was actually pregnant so he'd take her back, and he did, for her to go run off and do drugs and be stupid especially if she was really pregnant. So he broke up with her and realized she was lying. But they did have sex during this time and that's when she really did get pregnant, she is immature and a liar and has tried to make his life hell since they ended pretty much. She does not want him to be a part of the kids life. She is excited and so is her mom. And he doesn't want to be part of the child's life. They agree. I'm not here to explain in detail there life or relationship or what he shouldn't have done. Its all happened and that's that and all I wanted to find out from people who know a lot about this, is what he should legally do and what will probably happen and how this will probably turn out, anyone he should go talk to or anything he should do...
GV70
Apr 7, 2010, 12:12 AM
Will he still have to pay child support?
Yes.Child support CANNOT be waived by agreements.DOT
she is immature and a liar and has tried to make his life hell since they ended pretty much.
I am not hear to talk about if she is a liar, and etc
And he doesn't want to be part of the childs life.
It is his right. Not the first deadbeat dad in the USA.
what he should legally do and what will probably happen and how this will probably turn out, anyone he should go talk to or anything he should do...
Legally speaking he has right to do nothing.Custody and child support are different things.
What will happen? I am not a prophet but in almost all cases the mother files for child support.
He may face with retroactive child support order,too. In some states the child support begins with filing , in another the court has the power to award retroactive child support for two years/Pa/ or for eighteen years/ as Tennessee/.
ScottGem
Apr 7, 2010, 04:03 AM
I'm not hear to talk about if he's a "good boyfriend", or there ages when they had sex, or anything like that, I was giving detail to help my questions. ... all I wanted to find out from people who know a lot about this, is what he should legally do and what will probably happen and how this will probably turn out, anyone he should go talk to or anything he should do...
Sorry but that is part of posting on board's like this. When you post a question you open yourself to comments that pertain to the question even tangentially. Whether he's a good boyfriend is a judgment call so I will let that alone, you know him better than we do. But the ages they had sex ARE an issue because it will have a bearing in support/custody/visitation hearings and it could end him up in jail with sexual offender status.
But the bottom line is that he can choose to have nothing to do with the child, no visits, no contact, etc. Or he can choose to man up and be a father to what he helped create. If he does, he can fight for joint custody and visitation and will probably win (Unless he gets convicted of rape). But he can't choose not to support the child. If the mother applies for public assistance, then the state will go after him for support even if the mother doesn't.
He should consult a Family Law attorney. If the mother decides not to pursue him for support, then he may be off the hook. If the mother does not want him in the child's life, he can use a tactic many deadbeat father's use, threaten to apply for joint custody and visitation if they apply for support. But as I said, if she goes on public assistance she will have no choice but to go after him for support.
Finally, whether the mother lied about being on birth control or not. HE made the decision to have sex with her. Since no method of birth control is foolproof, he chose to risk having a child, however small that risk might have been. Now he should accept the consequences of his actions.
kittehgnar
May 4, 2010, 09:07 AM
The age of consent in the state of Washington is 16.
JudyKayTee
May 4, 2010, 09:51 AM
I see a problem with the age difference. And, yes, the age of consent is 16.
Odd that you would set up an account and answer only this question.
Are you one person with two names?
this8384
May 4, 2010, 12:52 PM
The age of consent in the state of Washington is 16.
In 2000, the age of consent in the state of Washington was changed from 16 to 18.
Washington -- Age of Consent (http://www.ageofconsent.com/washington.htm)
JudyKayTee
May 4, 2010, 01:20 PM
I'm looking at the same site - I read "The Age of Consent in Washington is not 18. It is 16. The statute (shown above) that you are making reference to makes it a crime for a person 60-months or older than the younger person to have sexual intercoarse with the younger person if ALL of the following conditions exist"
I know not to doubt you but what am I missing - ?
this8384
May 4, 2010, 01:41 PM
I'm looking at the same site - I read "The Age of Consent in Washington is not 18. It is 16. The statute (shown above) that you are making reference to makes it a crime for a person 60-months or older than the younger person to have sexual intercoarse with the younger person if ALL of the following conditions exist"
I know not to doubt you but what am I missing - ?
I read that at first too, but scroll down some more. They wrote:
"The following was updated 07/2000
The age of consent entry for the State of Washington was changed to "16/18" in July, 2000,
BECAUSE:
Washington enacted a law similar to Florida in which a person 16 or 17 may consent to
sexual activity with a person not more than 59 months (4 years 11 months) older. (For example
it is illegal for a 21 year old to have sex with a 16 year old; it is illegal for a 22 year old to
have sex with a 17 year old).
Therefore the age of consent at which a person may consent to sexual activity without
reservation is 18."
JudyKayTee
May 4, 2010, 01:53 PM
Oh, I'd actually have to READ the article to figure this out?
- with humble apologies. You ARE the Queen of the Board!