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I have a pregnant 16 year old. I the last 6 months, she has

 

Customer Question

I have a pregnant 16 year old. I the last 6 months, she has been using cocaine, had a miscarriage and now is pregnant again. Is there any way that I can stop her from having this baby? What are my financial obligations to her?

 



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Counceling for her.

Submitted: 360 days and 5 hours ago.
Category: Canada Family Law
Value: CA$54
Status: CLOSED

Accepted Answer

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Expert:  debra thal replied360 days and 4 hours ago.


debra thal :

Are you her parent?

debra thal :

Does she live at home?

debra thal :

Does she attend school full-time?

debra thal :

What province is this?

Customer :

Yes, I am her mother. She lives at our parental home although she left yesterday after an argument with me. Yes, she attends highschool full time. We live in Ontario.

debra thal :

I am sorry this is happening to you.

debra thal :

You cannot stop her from having the baby.\

debra thal :

In terms of financial obligations you are required to pay support for her until she reaches the age of 18 at least.

debra thal :

After that you are still required to provide support so long as she lives at home when not away at school and attends school full-time.

debra thal :

However, there is an exception to this rule.

debra thal :

If she withdraws from parental control you do not have to support her.

debra thal :

So it may be possible to say a child who is using cocaine and pregnant for the second time has withdrawn from your control.

debra thal :

It would depend on the facts.

debra thal :

But you should know that in most cases the Court and the government will want you to pay support so the government does not have to.

debra thal :

It's a very difficult situation for you.

debra thal :

There are programs such as the one at Sick Kids in Toronto that may be valuable to you and your daughter.

debra thal :

Have you discussed this with your daughter's doctor?

Customer :

The financial obligations apply as long as she is living in our home? If she leaves to live with her boyfriend, am I still obligated? We had a frank discussion with her doctor but my daughter is just not willing to listen to anything other than seeing this to term. I also took her and her boyfriend to Planned Parenthood but again they refused to listen to any alternatives.

debra thal :

If she lives with her boyfriend she has withdrawn from parental control and is not entitled to be supported.

debra thal :

I would suggest having her see a therapist but she won't go I guess.

Customer :

If she comes home to have this baby I have to support her? I am not allowed to ask her to leave to have the baby?

debra thal :

You don't have to support her if she has moved out.

debra thal :

A 16 year old who leaves home pregnant to live with her boyfriend has withdrawn from parental control and lost the right to support.

debra thal :

I don't think she has the right to change her mind later and move back in.

Customer :

If she does comes back here to live and we accept, we support her. Once the baby is born do I have the right to tell her she can no longer live here? Am I legally obligated to her in any way?

Customer :

As you can see, I really have no idea how this will turn out. After an argument she has left our home. But obviously I want her here. But I also do not want to raise a baby. If she continues to go through with this pregnancy, I will probably want her to stay here. But once the child is born then it's time for her and her boyfriend to take the responsibility.

Customer :

Please try to look at it from every angle and what my legal responsibilities are. It is a very difficult situation and I truly want what is best for her but having this baby is not what is best for the baby. The girl that has been living here the last several months is not the daughter I raised. I truly believe she has no idea what she is getting into and when she does figure it out then what. Thank you for your help

debra thal :

You cannot kick her out if she won't be safe.

debra thal :

You can require her to move out if she is safe but you have to support her as she is a child.

debra thal :

So it depends on whether she decides to move out on her own or not.

Customer :

Thank you Debra, very helpful.

Expert TypeLawyer
Category: Canada Family Law
Pos. Feedback: 97.6 %
Accepts: 1681
Answered: 6/24/2012

Experience: I am a practicing lawyer and have also been an expert on JustAnswer since July 2008.

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