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Chihuahua
12-18-2004, 12:17 PM
Im 17 and live in Texas with my parents and I am pregnant my boyfriend and I want to get married and start our family. Being as though I am due in June we'd like it to happen soon but my father won't allow it. He never knew of my boyfriend and only came to find out when I told him I was pregnant. This was a shock to him as well as my mother b/c she did know of my boyfriend but did not know that we were having sex. My father has always been out of the picture so it was always my my mother, brother, and I. What can I do? I want to live with my boyfriend/father of my child and I am 17 in Texas. My father threatend to put him in jail if I do anything stupid like run away. But can he I heard of some sort of three year law. But I don't know exactly what it is. What are my options? I want to leave with the father of my child. But am scared. Help my please I need advice

unionwayne
12-18-2004, 01:50 PM
Im 17 and live in Texas with my parents and I am pregnant my boyfriend and I want to get married and start our family. Being as though I am due in June we'd like it to happen soon but my father won't allow it. He never knew of my boyfriend and only came to find out when I told him I was pregnant. This was a shock to him as well as my mother b/c she did know of my boyfriend but did not know that we were having sex. My father has always been out of the picture so it was always my my mother, brother, and I. What can I do? I want to live with my boyfriend/father of my child and I am 17 in Texas. My father threatend to put him in jail if I do anything stupid like run away. But can he I heard of some sort of three year law. But I don't know exactly what it is. What are my options? I want to leave with the father of my child. But am scared. Help my please I need advice

How old are you? How old is your boyfriend? WHo is your legal guardian?

Chihuahua
12-18-2004, 05:42 PM
I'm 17 years old and my boyfriend is 19 years old. Legal guardians are my bio parents Mother and father. Can u help me?

unionwayne
12-18-2004, 07:59 PM
I believe the legal age of sexual consent in Texas is 17. Therefore, your boyfriend has broken no law, unless you were having sex before your 17th birthday.

Because you are under 18, you must have a parent consent to you being married. When do you turn 18?

Chihuahua
12-19-2004, 05:27 PM
Yes we were having sex before I turned 17. But only a few months before. and I don't turn 18 until late October. And my baby is due in June, if I just leave with him in order to start my family what can happen is that something I can do without major consequences?

unionwayne
12-20-2004, 04:40 AM
Yes we were having sex before I turned 17. But only a few months before. and I don't turn 18 until late October. And my baby is due in June, if I just leave with him in order to start my family what can happen is that something I can do without major consequences?

Hola Chihuahua:

I sense that your emotions are running high. This is normal for somebody in your situation. Do not make major life decisions while you are very upset. Think things over carefully before moving on. If you decide to run away with your boyfriend, the consequences can be severe for both of you. In ten-months you will be a legal adult and able to make your own decisions. Hang in there.

One option you may want to consider is "emancipation." For information regarding emancipation for minors in Texas, go to this website: http://www.janesdueprocess.org/emancipation.htm.

Good luck.

ACc083
04-06-2005, 08:17 PM
This post is a few months old but there are a few things i wanted to address.
First, regarding the "three year law", there is no such statute. However, regarding both offenses (Indecency with a Child, Chapter 21 Texas Penal Code and Sexual Assault, Chapter 22 Texas Penal Code), it is an affirmative defense to prosecution that the actor was not more than three years older than the victim. Therefore, a person can be charged with violating these statutes, but likely won't be prosecuted.
Second, regarding running away, there are two "sticky" attorney general opinions. I'm not going to comment on those, i'll leave them for you to understand yourself...keep in mind, a lot of law enforcement agencies in Texas don't know the Family Code or Chapter 63 (Missing Persons) of the Code of Criminal Procedure.
Ref. Attorney General Opinions GA - 0125 and JC - 0229.
Also, it is a criminal offense to "harbor a runaway child." It is against the law to harbor a child and be criminally negligent about whether the child is under the age of 18. The penalty for this is a Class A Misdemeanor, punishable by a fine of up to $4, 000.00 and up to one year in jail.

Lady9
06-12-2005, 01:09 PM
My nephew is in a strange situation where his younger girlfriend got pregnant but the family is wanting to shut him out of it's life for no reason. He's 3 1/2 years older than her and she's 17 - so the cut off line is at 3 years period?

This post is a few months old but there are a few things i wanted to address.
First, regarding the "three year law", there is no such statute. However, regarding both offenses (Indecency with a Child, Chapter 21 Texas Penal Code and Sexual Assault, Chapter 22 Texas Penal Code), it is an affirmative defense to prosecution that the actor was not more than three years older than the victim. Therefore, a person can be charged with violating these statutes, but likely won't be prosecuted.
Second, regarding running away, there are two "sticky" attorney general opinions. I'm not going to comment on those, i'll leave them for you to understand yourself...keep in mind, a lot of law enforcement agencies in Texas don't know the Family Code or Chapter 63 (Missing Persons) of the Code of Criminal Procedure.
Ref. Attorney General Opinions GA - 0125 and JC - 0229.
Also, it is a criminal offense to "harbor a runaway child." It is against the law to harbor a child and be criminally negligent about whether the child is under the age of 18. The penalty for this is a Class A Misdemeanor, punishable by a fine of up to $4, 000.00 and up to one year in jail.

ACc083
06-12-2005, 05:05 PM
A few things must be reviewed to properly answer this question.

1. In Texas, a person commits an offense if, with a child younger than 17 years of age and not the person's spouse, engages in deviate sexual intercourse or sexual contact. There are two laws prohibiting these offenses - Indecency with a Child and Sexual Assault. For purposes of this section, a person is defined as an individual - a human being who has been born and is alive. It is, therefore, against the law for: 1. a child younger than 17 years of age to engage in deviate sexual intercourse or sexual contact with a child younger than 17 years of age; 2. a person over the age of 17 years of age to engage in deviate sexual intercourse with a child younger than 17 years of age. There is, however, an affirmative defense to prosecution; the actor was not more than three years older than the victim.
Ref: Texas Penal Code, Chapter 21, Section 21.11; Texas Penal Code, Chapter 22, Section 22.01.

2. Despite there being an affirmative defense to prosecution, it is still against the law whether or not the actor was not more than three years older than the victim. It is, therefore, against the law for a 16 year old to engage in deviate sexual intercourse or sexual contact with an 18 or 19 year old, despite the actor being within three years of age. For sake of argument: 1. The "unwritten" rule for the age of consent in Texas is 17; 2. It is possible and within lawful boundaries for a district attorney to prosecute a person who has violated this law and has met the requirements for the affirmative defense. Although it is not likely in larger cities such as San Antonio, Dallas, Austin, etc., it is possible in smaller cities and still in larger cities.

3. Since the "unwritten rule" for the age of consent in Texas is 17, if a child, 17 years of age, engages in deviate sexual intercourse or sexual contact with another person at least 17 years of age, it is within lawful boundaries. However, if a child under the age of 17 engages in such conduct with a person older than three years, that person likely will be prosecuted. Under these circumstances, if the child is under 17 and pregnant, the parents can pursue charges and likely would succeed in a conviction.

4. Texas law does provide a process for which an unemancipated child (a child who has not had the disabilities of minority removed by general purposes of marriage, military enlistment, or court order) may petition to have the disabilities of minority removed for general purposes. It is important to know that unlike other states, Texas law does not recognize a pregnant child as an adult. As stated, that can only be done through marriage, military enlistment, court order, or upon reaching 18 years of age. Having a baby DOES NOT emancipate a child. However, circumstances such as those will make it an easier process.
Ref: Texas Family Code, Chapter 31, Section 31.001.

5. Texas law does allow a teenage mother to make any and all decisions regarding any child she decides to parent. However, unless she becomes emancipated, the parents still have the statutory right to have physical possession, direct the moral training, and designate the residence of the child; they also have the duty of care, control, protection, and reasonable discipline of the child. They do have the right to determine who their child associates with, regardless of reason.
Ref: Texas Family Code, Chapter 151, Section 151.001.

Summary: If your nephew had sex with his girlfriend after she turned 17, it is okay. If he had sex before she turned 17, it is unlawful and since he does not meet the requirements for the affirmative defense, he can be prosecuted with or without the consent of the parents. The girlfriend can petition the state to have her disabilities of minority removed, but unless she does so, the parents still have a right to control her.

If you have any questions, let me know...

elklaw
06-21-2005, 10:40 AM
.




Texas

If you are 14 to 17 years of age, you will need to show your birth certificate or some license, certificate or document issued by this state or another state, the U.S. or a foreign government.(Drivers license, military ID, passport or baptismal).


Both parties must be 18 years or older,(14-17 requires parental consent).


Both parties must provide their social security number or state they have one.


Both parties must provide all information as required on the application and as requested by the clerk.


Both parties must take the oath printed on the application and sign the application in the presence of the clerk.
from http://usmarriagelaws.com/search/united_states/teen_marriage_laws/index.shtml
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I also suggest that you go to a court and seek a court order to be able to marry given that you are pregnant and desire to make a proper marriage and home for the child to be born into. In most states, courts can issue an order to bypass parental disapproval.

crazy2276665
06-23-2005, 08:55 AM
Hi My Name Is Tricia I Live In Texas Also. My Sitiation Was Alot Like Yours But It All Backfired I Got Pregnant When I Was 14 And Had Her When I Was 15. My Dad Blew Up, I Was Daddys Little Girl. And He Was Out To Kill. I Thought I Was In Love With My Babies Daddy. I Graduated Eight Grade 7 Months Pregnant. Two Days After Our Graduation ( He Graduated High School) He Was 3 Years Older Then Me. My Mom Came Down From Where She Lived And Signed For Me To Marry Him. The Day After That We Were Gone To Arizona. July I Had My Daughter. I Was 16 Miles Away From A Store And Any Kind Of Civilation. My Daughter Was Two Months Old We Moved To Alabama. I Was Really A Homie Person Even Though I Didnt Like Meridian I Wanted To Come Back I Missed It So Much And My Family To. Jp Worked For Brown And Root So He Was Gone 7days A Week 16 Hours A Day. And I Was Still To Young To Drive. So I Called My Dad And Asked Him To Come Pick Me Up. The Next Day He Showed Up.
Dont Let Anyone Tell You Your To Young You Dont Know What Your Talking About Cause Thats Not The Least Bit True. I Thought I Was Madly Inlove, But Thats A Part Of Growing Up And Getting Wiser. I Ended Up Calling Jp A Month After I Was Back In Meridian And Told Him I Met Someone Else And We Needed A Devorce. He Came Down For Memorial Weekend And Got Our Daughter Taylor, He Was To Bring Her Back That Sunday, I Finally Herd From Him 2 Years Later, With A Thick Stack Of Child Support Papers. My Daughter Is Now 10 Years Old Well Will Be In July. And Her Being Away From Me Really Is Unlawful. They Told Her I Didnt Want Her And I Abandoned Her. And I Couldnt Take Care Of Her. I Got To See Her Again After She Was 4 Or So And She Didnt Even Know Who I Was, Jp's Mom Said Look Taylor Thats Tricia Your Mommie. And With Her Beautiful Smile And Her Pretty Eyes She Said Mommie I Knew I Had One Of You.all Im Saying Is If Your Man Is What You Want Then Go Get Him.but Just Think About You And That Baby To. Now You Have Someone Other Then Yourself To Love And Take Care Of. And You Dont Want Mess That Up Trust Me.

Im Pretty Sure Theirs Alot Of You That Didnt Like What I Just Told Her, But Its The Truth I Ve Been In That Same Place. I Hope I Helped A Little Bit.
Tricia

cactus jack
06-24-2005, 04:12 AM
Tricia, better that it comes from someone that's been there done that. You should see the hate mail I got so far!

Wish you the best. Someday you'll get justice. It's just a matter of time. It took my sister 14 years before she started making any headway with her daughters. BUT it's starting to work out, which is good. Even though no one can replace those lost years.

franklinsmomma09
08-22-2005, 10:48 PM
My name is Allison. I am 15 years old. When I was 13 I got pregnant, I had my son when I was 14.Anyways, I know having a baby doesnt make me an adult, but I feel I can make it on my own. I want to get emancipated so badly because I feel the enviroment I am in is dangerous to my sons health. I have a terribly moody sister who pushes me regardless if I am carrying my 8 month old son! Is it possible for me to get emancipated? Help, Im really confused!!!

grasmicc
08-23-2005, 06:44 AM
Depending on the state that you live in, you may already be legally emancipated based on having a child. Sorry about your difficult situation.

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