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Bappelman, Attorney
Category: Legal
Satisfied Customers: 313
Experience:  Licensed Attorney in Illinois and Wisconsin
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If a minor female has a child at 16, can the father who is

Resolved Question:

If a minor female has a child at 16, can the father who is 19 sue her for visitation and custody?
Submitted: 6 years ago.
Category: Legal
Expert:  Bappelman replied 6 years ago.

The first thing to consider is that California's age of consent for sex is 18. This means that the father committed a crime when he had sex with the mother. This will not help his case, and he may still get charged with Statutory Rape.

As to the custody case, the father can sue the mother for custody and visitation. As long as the father is not proven to be a danger to the child he normally will be allowed some visitation and possibly partial custody (one weekend a month...).

If the DA does not decide to prosecute the father, he would probably get some type of visitation.

Good Luck!
Customer: replied 6 years ago.
So you are saying that the 19 year old father can sue the 16 year old mother for visitation & custody of the newborn infant?
Expert:  Bappelman replied 6 years ago.
Yes he can.

A biological parent is presumed to be a fit parent, until that presumeption is rebutted by evidence that they are not a fit parent.

Absent any wrongdoing by the father, he is likely to get some type of visitaion rights to the child.
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