My 18 yr olds x-girlfriend had a baby 2 days ago. Says it's his. What rights does he have. We live in Idaho.

Question

He wants to be involved in this childs life, she says he can't see it but must pay child support. She is 16.Threatens rape charges if he doesn't do as she wishes. They had a yr relationship before she became pregnant, but admitted to being with other guys. They have been on off during the pregnancy. He called the hospital, asked about a test to verify the baby is his, the nurse told her he called. She threatened rape charges if he brought the test up again. Does he have the right to this test? To the baby having his last name? Please tell us his rights, he's has a learing disability and is slow on understanding things. Thanks

Answer 1

Anyone under the age of 18 is consider a minor and is therefore unable to legally consent to sex (or to marriage without the sanction of the guardians). Rape is treated differently than sex with minors only in the ages of the various parties.

Your 18 yr old is in danger of legal action for sex with a minor, regardless of whether he had her consent; minors can't consent, legally. Being 18 (an adult), he may only be held to child support with a court order, which would require evidence by court-mandated tests verifying that the child is his. So her threats require her to prove that the child is his. She can't win a case for rape without allowing tests. Though a positive test result can bring rape charges against him, that evidence can also be used to gain full custody, given the right conditions and arguments (see a lawyer)

Record her threat of filing rape on tape and any other negative communications, if possible, as such may weaken her case, and wait for her to file her charges and initiate the testing process. Be prepared for legal action against him regarding sex with a minor.

IMHO, with positive test results, he is morally obligated fight for full custody of the child (if he is "man" enough to protect the child's best interests) and show that she is not mature enough to raise the child. He must then readily admit his part in (violating the law by) having sex with a minor and express remorse for it. That may go a long way in the courts to minimize the legal damages from such allegations. DO NOT let her intimidate you with her threats. Just collect evidence in your favor and protect that baby legally, at all costs. Make your 18 yr old fight this battle, and empower him as you are able.

Answer 2

Find out what the legal age to consent to sex is in your state first. If it turns out the baby is his and you should demand a DNA test to ensure this, but if she was under age to consent at the time of conception, and he was of age to consent, he could be charged with statutory rape by the state. If it is his child, she cannot prevent him from seeing the child even if he owes a Million dollars in support, the child is as much his as hers, custody is established by Family court, not the child support. It is only ASSUMED that the parent the child resides with is the custodial parent. He does have a right to ask for a DNA test. If she named the baby and didn't give it his last name.. the only thing he can do is petition the court to change it which will cost and be unlikely to happen. It's too bad most parents aren't more aware of their parental rights, I have many male friends that think whatever the mother tells them is how it is... and that is inaccurate!

Answer 3

I am not sure about Idaho, but I will give you an idea of how it works around here. First I would like to ask what the age of consent in Idaho is? Around here it is 18 and he could go to prison for statutory rape because she is underage, weither she was willing or not. I seriously wouldn't worry about her saying that she will say he raped her though, because she has had 9 months to do it so far and it sounds like their are witnesses to her threatening him with that. It would be tough to prove on her part. It works two ways. She can not put his name on the birth certificate and then she doesn't have to let him see it, but at the same time if she isn't gonna list him as the father she also cannot make him pay child support. If he really wants to push it he can get a lawyer and take her to court to find out if it is his. It would take alot of time and money, but be worth it if it is his. If she does list him as the father on the birth certificate, then he has the right to request a blood test to verify that the baby is his. If he is the father then, she can take him to court to make him pay child support, but at the same time, unless he is deemed unfit as a father, she will have to share custody and give him visitation rights. If she list him as the father on the birth certificate the baby will have his last name, if he is not listed the baby will have hers. The girl that had the baby needs to learn that now she has a baby she isn't considered one anymore and needs to grow up quickly cause it isn't all about her anymore. If this guy is the father, she is tied to him for the next 18 years like it or not, so she had better learn to work with him, cause like I said it isn't about her and what she wants anymore. It's about what is best for the child.

Answer 4

Fisrt you need to see if your state has what's called a Putative Father's Registry and if they do, he needs to get his name on that as the father's child. And he needs to do that NOW. That way if this girl decides to put the baby up for adoption he will have to be notified. Your State Dept of Human Services or your Dept of Vital Statistics (whoever you get birth certficates from) can tell you about the registry and how to get listed--if who ever answers the phone doesn't know what you are talking about then ask to speak to someone else b/c I think all states now have this type of registry.

Then, consult a criminal defense attorney in your area, if he was 18 and she was 16, then there may be no rape because a lot of time at that age, the law requires a 3 year difference in age in order for there to be statutory rape. Obvioulsy, if she wants to now cry rape by force, that ain't gonna fly with any prosecutor.

Third, find a family law attorney and sue for paternity. The court will order a test and if your son is the father he will at least get visitation rights (sounds like you may want to even go for custody). He'll be ordered to pay child support, but at least he will have regular visitation with his child and your grandchild.

The paternity test could cost as much as $500, but if mom denied he's the dad and it turns out she's wrong, you can always ask the court to reimburse you the money since she knew and could have avoided that expense all together.

Good luck!

Answer 5

I don't know about the laws in Idaho, but I think a 16 yr old and an 18 yr old having sex is legal in most states. You would have to check that out, and if its true, then she can't file any statuatory rape charges. If she is talking about regular rape charges, that is pretty hard to prove, especially since they were together for a year. If she is demanding child support, then he has every right to ask for a test to make sure the child is his. The court won't make him pay child support if she denies him this test. If the baby is his, he can sue for joint custody or sole custody and she can't stop him.

Answer 6

I am not sure about Idaho specifically, How old was he when she conceived? In most states, 16 is an age of statutory limitations. You could get a good lawyer, or even a pro bono, and somewhat prove consentual sex between the two. I believe that you can get a test legally, he has the right. I would definitely look into a free or cheap legal consulation though. Alot of law firms do this. If she is demanding child support, you definitely have the right to a test.! I wish you both the best of luck, and congrats on a grandbaby (I hope!)

Answer 7

This is an extreme situation, so i'd say? Set down restrictions. Ask him to do something politely, then, if he doesn't do it, TELL him. Take things away, and limit what he does until his behavior gets better. Most importantly, try to talk to him. Ask his opinion on things, praise him for things he does well, and remember that unless something is important, don't make him feel bad about it. He most likely feels sad, and somewhat confused. It will be hard at first, he WILL resist, and fight, and yell. But stay strong. My brother was exactly like this, you could have been describing him. He made my mom do everything, he yelled at her, and made us all feel weaker than him. It really does work, I've seen it with my own eyes. My brother has cleaned up, got a job, and actually gets off his butt once and a while! (:

Answer 8

Your son is probably facing a very long uphill battle. (My stepdad faced a similar one). The first thing the state is going to do is start making her produce candidates for paternity (but only if she's on public assistance). Your son can request a paternity test, but he will have to pay for it and if he is the father he will be responsible for a portion of any medical expenses incurred at the hospital or after that the state paid for, and he will have to pay child support retroactive to when the baby was born. I would recommend talking to a lawyer if you can afford it, or if you can't, the department of Child Protective Services office in your county seat. Warning: CPS is used to deadbeat dads, so tell your son not to expect to be treated well. Both my dad and stepdad have told me this. If your son is concerned with the rape charges, talk to a lawyer first. In fact, it might just be better to get a lawyer. (I'm not a lawyer, obviously, but having one is never a bad idea in cases like this--sometimes they get ugly.)

Answer 9

A quick search of Idaho statutes reveals that rape does indeed occur as long as the female is under the age of 18. See

http://www3.state.id.us/cgi-bin/newidst?sctid=180610001.K

This is your first concern. You need an attorney, and a good one to help you sort this out. The fact that she is threatening him with rape charges if he pursues a paternity test creates suspicion about whether he is the father. Then again, if it comes out negative, the evidence for rape is limited to her testimony that intercourse occurred and her case is significantly weakened. If it comes out positive, the evidence for rape (at least according to Idaho law) is pretty conclusive, but the DA will still have discretion about filing charges.

As I said above, you need a good attorney to advise you.

Answer 10

He has a right to a test and if proven to be the father has all the rights of any other father and she cant stop that. I dont believe she can charge him with rape as she is 16 and he only two years older therefore would not have been an "adult" when "it" happened. Best to get a lawyer for this one.