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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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My son is 18, his girlfriend is 16. They have dated over a

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My son is 18, his girlfriend is 16. They have dated over a year w/her parents approval. She is now 2 months pregnant. Can her parents prosecute him for rape or any charges? Plus, they have moved the girl out of state and refuses to let them contact each other. If she gets her GED in the next few weeks can she emancipate herself from her parents and does my son have rights to the baby now and to his girlfriend since they want to get married. Her father is refusing to agree to marriage unless they go 5 months without NO contact with each other. They are denying my son the right to go to drs. visits and sonograms but yet he still has to pay, is that so? Thank you for any help you can give on this matter. PS. We will let the girlfriend live with us if she gets herself emancipated. Does the courts need to know that?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

Samuel-II :

Hi

Samuel-II :

Getting a GED will not automatically mean she is emancipated. To be emancipated, she must be married, join the military or show that she is totally self-supporting.

Samuel-II :

Unfortunately, your son has no rights at this time, as there is no proof of paternity. You would need to petition the court to have a pre-birth paternity test

Samuel-II :

However, note, that even though the parents gave permission for them to date, that would not preclude them from filing statutory rape charges. But there is a defense.

Samuel-II :

That would be that your son is not more than 24 months than she is

Samuel-II :

Or that they were both still in high school and that the girl consented to the sex

Samuel-II :

It is unfortunate that the parents do not want them to communicate. However, they are her parents and she is a minor child. So they have that right.

Samuel-II :

As to paying for doctor's visits - as I stated, there is no proof he is the biological Father without a paternity test. So, he is not legally obligated to pay.

Samuel-II :

He may Petition the Court for a pre birth paternity test, though they are rarely granted.

Samuel-II :


If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Samuel II and other Criminal Law Specialists are ready to help you
Expert:  Samuel II replied 5 years ago.
Hi


If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

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