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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12573
Experience:  Attorney
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my daughter has a 14 year old child that was conceived when

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my daughter has a 14 year old child that was conceived when she was 18 and the father was 14. what is the statute of limitations on this? If they go to court could he take custody of this child?

Brandon M. :

Hello there.

Customer:

hello

Brandon M. :

Hello. Thank you for your question.

Customer:

I am just a whole lot nervous about this whole situtation

Brandon M. :

The laws actually depend on the exact age difference between the parties. What are the birth dates of the parents?

Customer:

Mom is 08-17-78 and dad is 06-09-84

Brandon M. :

Ok, so there is actually slightly more than 4 years between them, correct?

Customer:

yes

Brandon M. :

Actually, the numbers aren't adding up quite right. If mom was born in 78 and dad was born in 84, there should be six years between them. What were their ages when the child was conceived?

Customer:

My mistake dad was 14 when child was conceived in appx July 1998 . Mom had her in March 1999 dad turned 15 in June of 1999 and Mom

Customer:

was 19 when child was born in March 1999

Customer:

Mom was 18 in July of 1998 when child was conceived.

Brandon M. :

These numbers are pretty important the question, so I appreciate your patience as we work through this. If mom was born in August 1978 and the child was born in March 1999, that would mean the child was conceived around July 1998. So mom would have been around 19 when the child was conceived and 20 when the child was born.

Brandon M. :

Also, if dad was born in June 1984 and the child was conceived around July 1998, he would have been just barely 14 at the time of the child's conception and still 14 when the child was born.

Customer:

Mom was 18 when she was conceived . She did not turn 19 until August 18th. She had her in March pr 1999 and had not turned 20 yet.

Customer:

Yes on the answer for dad he was still 14.

Brandon M. :

Ok, when the age gap is more than 4 years, that makes it a bit more serious, especially when the minor is under the age of 16. I think we would also have to recognize that it may be possible that sexual contact could be proven prior to dad's 14th birthday, which would change the outcome as well.

Customer:

Ok so be patient with me what exactly does that mean?

Brandon M. :

If the minor parent was 14 at the time of a child's conception, the statute of limitations would generally be 7 years after the child reached his 18th birthday.

Brandon M. :

In other words, in Georgia, the statute of limitations would expire on the 25th birthday of the minor parent.

Brandon M. :

However, if the minor parent was under age 14, the statute of limitations would generally expire 18 years after the minor parent turned 16 years (in other words, turned 34 years old).

Customer:

Ok but since there is a age gap there is limitaions up or is there a different "rule"?

Customer:

Sorry I missed that last part about being younger.

Brandon M. :

Once it is established that there is more than 4 years between the couple, the only remaining question is the age of the minor. The legal differences between an adult having sex with a 14 year old and a 13 year old is huge.

Customer:

Is there a possibility that he could take custody of my granddaughter because of the situtation or would he have to prove my daughter unfit?

Brandon M. :

How old is he now?

Customer:

he will be 29 on June 9th.

Brandon M. :

14 years after the fact, the circumstances of a child's conception are typically not going to be relevant in a child custody matter. However, if a parent is in prison, that will obviously affect their ability to parent. Is there any danger that the father would make a complaint to law enforcement about his relationship with your daughter when they were younger?

Customer:

Yes I think he is mad because she has filed for child support from him. He was paying on his own for a while and then because my

Customer:

granddaughter and his wife did not get along she did not want to go to his home. So my daughter filed for child support and now

Customer:

he is asking questions about her age and birthdate.

Brandon M. :

That's a serious issue then. Unless you know for certain that your daughter did not have sex with the father before his 14th birthday, she really can't afford to challenge custody unless she gets an attorney involved. I'm not saying that your daughter is in imminent danger because we don't have enough information to draw that conclusion, but she needs to recognize that there are serious legal consequences that can still impact her if the father was only 13 years of age.

Customer:

Her support case is set to go to court on July 11th. Should she acquire an attorney before then or see what happens?

Brandon M. :

I have to recommend that she acquires an attorney before the support case. She has too much at stake, and it's very possible that she can avoid a negative outcome by involving an attorney now. An ounce of prevention is worth a pound of cure, as the saying goes.

Customer:

Ok thanks for all your help.

Brandon M. and 2 other Criminal Law Specialists are ready to help you
My pleasure. I wish you the best.