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I wanted to put child support on my child's father but I met…

Customer Question
Hi I wanted to...

Hi I wanted to put child support on my child's father but I met him when he was 31 and I was 17. But met him at a bar and he thought I was 21 and we had a "one night stand" and ended up getting pregnant but was not with him after that. I'm now 20 and he's 34 and my son is 3. If I put child support on him and go through the court for custody over my son can the court press charges if I'm not trying to press charges?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?

In California and no, none have been filed and he isn't even on the birth certificate because I was afraid charges would be filed against him when I was at the hospital after I gave birth

Lawyer's Assistant: Have you talked to a lawyer yet?

No.

Submitted: 9 months ago.Category: Criminal Law
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Answered in 4 minutes by:
9/13/2017
Criminal Lawyer: legalgems, Lawyer replied 9 months ago
legalgems
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 13,312
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Criminal Lawyer: legalgems, Lawyer replied 9 months ago

I am sorry to hear you have not had any financial assistance.

In CA, the statute of limitations for statutory rape, when the parties are more than 3 years apart, is 1 year for a misdemeanor, 3 years for a felony.

Here is the relevant code:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=261.5.

After the statute of limitations has expired, no criminal action can be brought but one can still bring a child support motion. The court may only order child support retroative to the date of filing of the request.

Information on that is here:

http://www.courts.ca.gov/documents/fl390.pdf

http://www.courts.ca.gov/selfhelp-support.htm

http://www.courts.ca.gov/1194.htm

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Criminal Lawyer: legalgems, Lawyer replied 9 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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