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-   -   Custody Question (https://www.askmehelpdesk.com/showthread.php?t=52982)

  • Jan 7, 2007, 03:13 PM
    army4life
    Custody Question
    As you have probably read in my other questions. My underage girlfriend is Pregnet. I have since been had a Honorable Discharge for reasons behind it. Im 18years old. If I have a job can I file for or can she give me custody of the child. When the child is born do I have any custody rights there
  • Jan 7, 2007, 03:16 PM
    ScottGem
    If you can prove paternity you have rights. You would need to go to court to obtain custody or visitation unless the mother agrees to it.

    Edited: I've reviewed your other notes and no where do you say how underage your girlfriend is. But I note that talk about join a law enforcement agency. Depending on how underage the girl is you could be prosecuted for statutory rape. That might end hopes of a law enforcement career.
  • Jan 7, 2007, 03:24 PM
    army4life
    My girlfriend is 16 years old. I believe the concent law in Ohio.
  • Jan 7, 2007, 03:27 PM
    ScottGem
    I would make sure of that. Also was she 16 when you started having sex with her as that matters. Since you were the one who made an issue of her being underage, it made me suspicious.
  • Jan 7, 2007, 03:47 PM
    army4life
    I don't think that she was under 16.. I myself have just turned 18 in October. And I did make sure that the concent law is 16. Can she sign Custody over to me or at least give me Joint with out her mother getting involved with it
  • Jan 7, 2007, 03:51 PM
    J_9
    Why do you want custody? With concerns of the baby she is considered emancipated by the law when it comes to the baby and the baby only. Her parents make decisions about her welfare since she is under 18, however, she is responsible about making decisions about the baby.

    However, what is your reason for wanting custody? There is just something fishy about all of your posts that has me wondering.
  • Jan 7, 2007, 03:56 PM
    army4life
    We have both talked about this. She wants me to have custody of it so that her mother can't mess with her. She told me she doesn't want anychild support nor would I make her pay if I had custody. We both just think that the baby being at her house with her mother and step dad would be to stress-full of an environment. Im even kind of worried about her living there while she is pregnet. I Know stress can be bad if your pregnet,but I don't think there is really anything we can do about that. My mom is an RN she said she would let andrea stay here until 1 the baby is born or 2 if/when we get married. We do plan on getting married. Been together forever. But you have to have Parental Concent in Ohio and her mom isn't hearing of it.
  • Jan 7, 2007, 04:47 PM
    Fr_Chuck
    The current law in Ohio is that age of consent for both male and female is 16. So if she was 16 when she got pregnant, not when she has the baby, you are OK, if the 9 month count down from the time of birth makes her 15 when she got pregnant you may have legal problems.

    So I would talk to her and make sure the math works before you start making her mom too upset.

    You will have to file for custody in court, from there I don't know what the court will do.
  • Jan 7, 2007, 04:54 PM
    army4life
    Thank you. When the child is born though. I am 100percent sure the child is mine. I trust her with my life. So I don't need DNA testing or anything. When the child is born will I have joint custody to begin with? She was 16 when she got pregnet
  • Jan 7, 2007, 08:11 PM
    ScottGem
    Lets define some terms here for you. There is custody and physical custody. Physical custody can be either sole or joint. In joint physical custody both parents have the child live with each about equally. In sole custody the child lives with one parent while the other parent may have visitation rights. Such rights could include overnights.

    Joint custody (not physical) simply means both parents have a say in how the child is raised.

    Generally, in an situation where the parents are not living together, the child is given to the mother for physical custody. For the father to get physical custody they would generally have to go to court and petititon for it, showing the child would be better off with him. In the absence of a record of abuse this is not likely to happen.

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