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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30393
Experience:  Attorney with experience in family law.
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My 17 year old son is getting married to s 14 year old

Customer Question

My 17 year old son is getting married to his 14 year old girlfriend but she turns 15 in 2 weeks & she is pregnant. Her mom keeps trying to get her to abort her baby and she want to keep i, but once my son & her get married she doesnt have to abort the
baby. My question is that after they are married and after the child is born can her mother take the baby away from her? and if she can what paper do we have to do so the baby goes over to me before her mother gets the baby?
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about this situation.

No, the mother cannot take the baby away from the girl. The parents of a child by default have custody, even if they are minors themselves. The grandparents do not have any legal ability to take a child over the parent's objection - if she tried, it would be kidnapping. For the other grandmother to do anything, she'd have to file a Petition to have BOTH your son and his girlfriend declared unfit parents, which requires something more than just their ages. That requires a court proceeding, so if she tried that, you'd be able to intervene and show the judge why you should get custody instead (if the parents are found unfit - but they'll have a right to establish that they aren't). If for any reason Child Services is called to investigate by the other grandmother, you'll be able to talk to them.

The parents can also draft and sign something stating they want you to have custody in the event that something happens to them, but that typically refers to their untimely deaths while their child's a minor and not the type of situation you're talking about.

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