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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99465
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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When my son was 17 he was dating a girl 14. I told him to

Customer Question

When my son was 17 he was dating a girl 14. I told him to leave her alone, but her mom told him she didn't care. When he turned 18 I begged her mom to put an end to it, but she refused. The girl turned 15 in June, at the end of June we found out she was pregnant. In June my son and the girl was caught smoking marijuana and he went to court in July. At that time he received a court order not to have contact with the girl at all. I allowed her to go with us to church and her mom allowed him to come to her home. The baby was born in January and they still have contact. My son is doing everything he is suppose to do as a father, except going against the court order.
My son and I filed for DNA, child support, and visitation. Now the girl's mom says she will insist that he goes to jail for getting her daughter pregnant. Since 2 weeks before my son turned 18 I've begged this woman to stop telling my son where she is. After he turned 18 I would call the police and tell them he's not suppose to be around her. The officers told me that can't do anything until the mom filed papers. I told her mom and she didn't do anything about it until now that I want everything to be legal. We do have an attorney, but I want to know how much time my son may serve. We are in Ohio.
Submitted: 5 months ago.
Category: Family Law
Expert:  Ely replied 5 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. If I understand your question correctly, then you are asking what the punishment may be if your son is found guilty of statutory rape. Ohio, it is illegal for someone 18 or older to have sex with someone who is younger than 18, even if the sex is consensual. Assuming she was 15 when he turned 18, then this would be a Felony of the fourth degree. He can get between 6-18 month incarceration if convicted. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 5 months ago.
I understand how much time he may receive, because I've researched all that. We don't know if the baby was conceived when he was 17 or 18. I have all the text messages I sent her mom asking her to stop telling my son where she is and police reports. He has attended a special education school since he was in the third grade. He is 18, but his mental level is three years behind. I understand he may receive time for having contact with her and having sex with her. The attorney we have now has started the Romeo and Juliet law, but I don't think that will help if he was 18. I did everything in my power to keep them apart until the baby was born. If he serves time will he have to register as a sex offender and then he won't be able to be around his daughter.
Expert:  Ely replied 5 months ago.
Right - the R&J law may not apply now that he is 18. Or rather, if the sex occurred since he was 18. At this time, all they have done was make a threat. However, many will not follow through with their threat. If one fears that they will file a complaint, he may wish to consider to settle this amicably, which might mean agreeing to lesser visitation, for example. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 5 months ago.
The girl's mom wants him to sign a paper stating that he will pay $200 a week in child support and visitation is when she says so.I know may son is in the wrong and I did everything I could to prevent this situation to happen. If her mom would have listened to me and went looking for her 14 yr old daughter instead of smoking marijuana, drinking and taking vacations I this could have been prevented.
Customer: replied 5 months ago.
I know that they have only made threats, but I don't want this hanging over my son's head for the rest of his life.
Expert:  Ely replied 5 months ago.
Understand that she can STILL file a complaint even if he signs that agreement.
There is no way to "enforce" it, because if she decides to complain anyway, the prosecutor will not dismiss any case simply because she breached the non-disclosure.
Also it is public record that he is the father. Really, there is no 100% way to stop her from complaining.
He needs an attorney to best create a way to discourage her from complaining. for example to create a JOINT DECREE where it also states that his child support will be terminated for __ years if he is incarcerated or convicted of something. This may then discourage her from complaining as it would not be in the mother's benefit since doing so will kill child support.
See what I mean?
He needs an attorney to help him with this.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 5 months ago.
My son has a lawyer. We are scheduled to go to court in July for visitation. I've asked the lawyer why we are going to court for visitation before the DNA test are completed. The bot***** *****ne is I don't want my son to go to jail and I don't want his girlfriend's family holding this over his head for the rest of his life. He can't pay $200 a week he's still in high school. People with 2 and 3 kids don't pay $200 a week.
Expert:  Ely replied 5 months ago.
Thank you for your follow up. I am not sure if what you are asking as a follow up (if you are). So far, my answer stands as is even with the new information.

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