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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 26325
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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State NY my son is 23 and -polar, got a 15 year old

Customer Question

State NY
my son is 23 and bi-polar, got a 15 year old pregnant, had baby. Is currently living with mothers parents and taking financial responsibility for his daughter. (including paying rent to mothers parent(grand parent). Recently the maternal grandmother(where he is living) wants to kick him out ,saying she could get in trouble for allowing him to co-habit with a minor.
A. Is that true
My son in the meantime has rented a apartment that will be ready in November can he take his daughter with him, if the mother of the child agrees.I know he is the father I got the child DNA tested,so we could establish paternity through the courts. His name is ***** ***** the babies birth certificate,and last but not least if the maternal grandmother wants to press charges of statutory rape how far could it go if the girlfriend denies it was rape
Also if the grandmother wants to chare my son with rape ,if his girlfriend (babies mom)
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. Even though she consented, it is not a defense if he is going to be charged criminally. Even if the mother of the child denies this, a simply paternity test would reveal he is the father and their ages would be enough for him to be prosecuted. If the grandmother reports this to the police, they will look into it and investigate. Now, if the mother of the child agrees to allow him to take the child, that is between the two of them. He however can not just take the baby on his own and if he did, could only lead to additional problems. As far as the issue with him living there, the grandmother could get in trouble if she allows this, seeing how the granddaughter is a minor and she knows he is an adult and allows them to sleep in the same room and maintain a relationship. It is really in his best interest to not cause problems with the grandmother and just leave. If she starts to involve the courts and the police, to have him removed it WILL NOT be good for him.

Customer: replied 1 year ago.
Thank you, ***** ***** good to know that if the mother of the baby wants him to have temporary custody then he could take my granddaughter to a better living environment than the one she is in now. would they need a legal document for the for my son to take the baby? also is it possible to get the mother of the baby emancipated when she is 17? Since my son has been supporting her, including buying her school clothes etc,so they can live together and be a family,or do we have to do what the maternal grandmother asks and have the mother and child live under her roof until the babies mother is 18
Expert:  FamilyAnswer replied 1 year ago.

Since she does not support herself, she could not be emancipated. She can not use his support as a basis, so that can not happen. Once she is 18, she can leave and live with your son, over any objection from the grandmother. As far as a legal document, it could lead to problems since the court would know and find out about their ages, so if they both agree on this, it may be best to leave it informal.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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