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Hello. What state were you in when she got pregnant at 16? This is a criminal law question rather than family law.
This is what the custody lawyer was afraid of: Statutory rape is sexual assault of a child (in Texas, under 17). There is no statute of limitations, in Texas, on statutory rape, and consent is not a defense (unless the child was at least 14 and the defendant was no more than three years older than the child). To answer your question directly, you could be prosecuted for child molestation. I don't have a solution to the problem especially since she now wishes to separate, rather than get married.
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