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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Family Law
Satisfied Customers: 7348
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Ok im 28 years old with a 6 year old 4 year old and 2 year

Customer Question

ok im 28 years old with a 6 year old 4 year old and 2 year old all by the same woman she is 23 years old, she now wants to separate but she was 16 when she got pregnant with our 16 year old what could happen to me
JA: What state are you in? It matters because laws vary by location.
Customer: tx
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Family Law
Expert:  Irwin Law replied 11 months ago.

Hello. What state were you in when she got pregnant at 16? This is a criminal law question rather than family law.

Customer: replied 11 months ago.
Customer: replied 11 months ago.
we have already wrote up an agreement and ive talked to a custody lawyer but he is worried about the fact she was 16 when we first conceived
Expert:  Irwin Law replied 11 months ago.

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.

Expert:  Irwin Law replied 11 months ago.

Hello again. Do you have a follow-up question? If not, I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5. There is no additional cost to you. Thanks again for using JUST ANSWER.