Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Does he have rights? (https://www.askmehelpdesk.com/showthread.php?t=322217)

  • Feb 26, 2009, 01:22 AM
    bbygrl_101_
    Does he have rights?
    Im 14 years of age. Im 24 weeks pregnant. But now single. The father of my soon-to-be baby girl left me a couple weeks ago. He is 17 and he constantly argues with me about the baby taking his last name. He had really broke my heart, so I made my decision of giving her my last name. He also wants to be on the birth certificate, but I'm afraid he is going to try to take her from me. He says he's not, but I don't know. And he also wants her at his every other weekend when she is 3 months old. I really don't know what to do. Can any one help?? :(
  • Feb 26, 2009, 07:02 AM
    N0help4u

    Well when he realizes that he can be in very serious trouble for statutory rape by being with a 14 yr old he may want to forget he ever knew you and completely deny the baby is his.
  • Feb 26, 2009, 07:20 AM
    ScottGem

    Yes he has rights. He can't do much to exercise those rights until the baby is born. But once its born, he can file for custody and visitation. At the same time you file for child support. Its very unlikely that he will get full custody, its also unlikely he will get overnight visits until the baby is weaned, assuming you can and do breastfeed.

    Where are your parents in this? What state do you live in, because there is a possibility that he can be charged with statutory rape.
  • Feb 26, 2009, 02:19 PM
    bbygrl_101_
    Should I do this?
    I would really like some specific details.:) The father of my baby will be 18 on Feb. 28th. Im 14. I would not like to push for statutary rape. Im 24 weeks pregnant.:) And trying to decide if I should put his name on the birth certificate and give her his last name.:confused: Im afraid since he is older than me and has a job, that he's going to try to take her from me.:( I already know that it will be easier, even though I do have family support. But what I'm really needing help with if I should put his name on the birth certifiacte and give her his last name.:confused: He is absolutely dyin for her to take it. What would be my best choice on the birth certificate and last name deal?
  • Feb 26, 2009, 02:44 PM
    this8384

    Please don't start new threads regarding the same question, it makes it harder for everyone to answer you.

    It's your decision what last name to give the child; however, as has already been pointed out to you, the baby's father can take you to court and ask for visitation, which he is legally entitled to.
  • Feb 26, 2009, 04:08 PM
    Fr_Chuck

    First he will have the same rights no matter if he is on or not on the birth certificate, that merely proves he is the father. If you don't list him ( and you don't have to) all he has to do is file for a DNA test to prove he is the father.

    He will get visit rights and may even ask for and get joint custody. That is up to the court. Unless he can prove you ( or your family) are not a good home for the cihld, he will not get full custody.

    And he can not do anything till the child is born, once the child is born you will need to file for full custody and child support order in place.

    Please understand that there are many people who can still report this, and get him arrested, your parents, any friend or family that knows about it. And even possibily some of the medical professionals

    So you and your parents need to discuss custody options with an attorney
  • Feb 26, 2009, 05:45 PM
    N0help4u

    In some states you don't have to push for statutory rape some hospitals will notify the authorities. I don't know of any states where it is legal for a 14 yr old to be with a 17 yr old
  • Feb 26, 2009, 06:42 PM
    ScottGem
    Quote:

    Originally Posted by bbygrl_101_ View Post
    I would not like to push for statutary rape.

    As noted, when you go to the hospital to give birth, they will ask how old you are. When you tell them, they may be required by law to report it to the authorities. Its almost certain that this was statutory rape.

    As for rights, he gains rights because his sperm was part of what made the baby. Not because he's on the birth certificate and not because the baby's name.
  • Feb 26, 2009, 07:03 PM
    cdad

    If your so worried about last names use a hyphen. That way both names can be on it. If you don't use his he could possibly later ask for the courts to change it and the courts may allow it.

  • All times are GMT -7. The time now is 08:44 PM.