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Teenage Pregnancy Inquiry - 2 Texas

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  • Teenage Pregnancy Inquiry - 2 Texas

    My neice who is 18 (father is 16). Wants to have & keep the baby. Can she state that she doesn't know the father. Then after a couple of years (when he is at least 17) put his name on the baby's birth certificate? Also, can she give the baby the father's last name when it is born (without the father's full name on the certificate)?

    We understand that if she gives up the father's name now, she will be arrested (he just turned 16). Can she make this work? She is a dependant of her Father (he still has her under his health care) but lives with Grandparents.

    Any Advise would be Greatly Appreciated!

  • #2
    She doesn't HAVE to name the father, but if any of this comes to light (like, someone in his family...or HIM, for that matter) gets angry, that's a mighty powerful weapon she has handed them, now isn't it?

    As a matter of fact, without the father signing a voluntary affidavit of paternity or DNA testing court ordered that shows that he IS the father, she CANNOT place his name on the birth certificate.

    Okay, so in 2 years, she names the father. Are you aware of the fact that the SOL for this crime doesn't run out until he reaches the age of 28? It won't be hard to figure out that he was 15 when she had sex with him.

    She can name the child Hugh Heffner if she wants.

    Now, let me ask you this....why are you so intent on protecting your neice from facing the legal consequences of her crimes? Are you aware that in TX, if you know or have suspicions of a child being abused, whether that be physically or sexually, YOU have a legal responsibility to report the suspected abuse to the authorities of your suspicion or knowledge?

    The Texas Department of Family and Protective Services (DFPS) offers a central location to report:
    • child abuse and neglect,
    • elderly or adults with disabilities abuse, neglect, or exploitation,
    • abuse of children in licensed child-care facilities or treatment centers for the entire State of Texas,
    • abuse of clients served by the Texas Department of State Health Services (DSHS) or Texas Department of Aging and Disability Services (DADS) employees in State Hospitals or State Schools.
    The law requires any person who believes that a child, or person 65 years or older, or an adult with disabilities is being abused, neglected, or exploited to report the circumstances to DFPS. A person making a report is immune from civil or criminal liability provided they make the report in good faith, and the name of the person making the report is kept confidential. Any person suspecting abuse and not reporting it can be held liable for a Class B misdemeanor. Time frames for investigating reports are based on severity of allegations. Reporting suspected child abuse makes it possible for a family to get help.
    I strongly suggest you read all of this from the TX family code. I will go ahead and quote the most important information.

    http://tlo2.tlc.state.tx.us/statutes....000261.00.htm


    261.001. DEFINITIONS. In this chapter:
    (1) "Abuse" includes the following acts or omissions
    by a person:
    (A) mental or emotional injury to a child that
    results in an observable and material impairment in the child's
    growth, development, or psychological functioning;
    (B) causing or permitting the child to be in a
    situation in which the child sustains a mental or emotional injury
    that results in an observable and material impairment in the
    child's growth, development, or psychological functioning;
    (C) physical injury that results in substantial
    harm to the child, or the genuine threat of substantial harm from
    physical injury to the child, including an injury that is at
    variance with the history or explanation given and excluding an
    accident or reasonable discipline by a parent, guardian, or
    managing or possessory conservator that does not expose the child
    to a substantial risk of harm;
    (D) failure to make a reasonable effort to
    prevent an action by another person that results in physical injury
    that results in substantial harm to the child;
    (E) sexual conduct harmful to a child's mental,
    emotional, or physical welfare, including conduct that constitutes
    the offense of continuous sexual abuse of young child or children
    under Section 21.02, Penal Code, indecency with a child under
    Section 21.11, Penal Code, sexual assault under Section 22.011,
    Penal Code, or aggravated sexual assault under Section 22.021,
    Penal Code;
    (F) failure to make a reasonable effort to
    prevent sexual conduct harmful to a child;
    (G) compelling or encouraging the child to engage
    in sexual conduct as defined by Section 43.01, Penal Code;
    (H) causing, permitting, encouraging, engaging
    in, or allowing the photographing, filming, or depicting of the
    child if the person knew or should have known that the resulting
    photograph, film, or depiction of the child is obscene as defined by
    Section 43.21, Penal Code, or pornographic;
    261.101. PERSONS REQUIRED TO REPORT; TIME TO REPORT.
    (a) A person having cause to believe that a child's physical or
    mental health or welfare has been adversely affected by abuse or
    neglect by any person shall immediately make a report as provided by
    this subchapter.
    261.102. MATTERS TO BE REPORTED. A report should
    reflect the reporter's belief that a child has been or may be abused
    or neglected or has died of abuse or neglect.
    261.109. FAILURE TO REPORT; PENALTY. (a) A person
    commits an offense if the person has cause to believe that a child's
    physical or mental health or welfare has been or may be adversely
    affected by abuse or neglect and knowingly fails to report as
    provided in this chapter.
    (b) An offense under this section is a Class B misdemeanor.

    Texas Penal Code:

    21.11. INDECENCY WITH A CHILD. (a) A person commits
    an offense if, with a child younger than 17 years and not the
    person's spouse, whether the child is of the same or opposite sex,
    the person:
    (1) engages in sexual contact with the child or causes
    the child to engage in sexual contact; or
    (2) with intent to arouse or gratify the sexual desire
    of any person:
    (A) exposes the person's anus or any part of the
    person's genitals, knowing the child is present; or
    (B) causes the child to expose the child's anus
    or any part of the child's genitals.
    (b) It is an affirmative defense to prosecution under this
    section that the actor:
    (1) was not more than three years older than the victim
    and of the opposite sex;
    (2) did not use duress, force, or a threat against the
    victim at the time of the offense; and
    (3) at the time of the offense:
    (A) was not required under Chapter 62, Code of
    Criminal Procedure, to register for life as a sex offender; or
    (B) was not a person who under Chapter 62 had a
    reportable conviction or adjudication for an offense under this
    section.
    (c) In this section, "sexual contact" means the following
    acts, if committed with the intent to arouse or gratify the sexual
    desire of any person:
    (1) any touching by a person, including touching
    through clothing, of the anus, breast, or any part of the genitals
    of a child; or
    (2) any touching of any part of the body of a child,
    including touching through clothing, with the anus, breast, or any
    part of the genitals of a person.
    (d) An offense under Subsection (a)(1) is a felony of the
    second degree and an offense under Subsection (a)(2) is a felony of
    the third degree.
    Last edited by mommyof4; 03-25-2008, 11:55 AM.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

    Comment


    • #3
      WOW - I had no idea. I love my niece very much. She has had a rough life and now that she is pregnant, she really want's to find a way of keeping the baby without any criminal actions against her.

      I guess, if you look at this situation from all aspects, the best option is to abort the baby now. I hate that option! so does my niece, but we don't want to deal with any court now or in the future.

      Is there any other option? Can she not name the father and place the baby for adoption??

      Comment


      • #4
        How much older than the boy is she...to the day?
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          I'll post that exact answer when she returns from school (about 4:15p). However, she's been 18 since January and he recently turned 16.

          Comment


          • #6
            OK!

            Father DOB: 08-12-91
            Neice DOB: 01-29-90

            Looks to be 1yr, 7 mnths, & 17 days apart

            Comment


            • #7
              Aborting the child does not invalidate the crime. It just imposes the death penalty on the only innocent person in this scenario.
              Not everything that makes you mad, sad or uncomfortable is legally actionable.

              I am not now nor ever was an attorney.

              Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

              Comment


              • #8
                Originally posted by fyplee View Post
                OK!

                Father DOB: 08-12-91
                Neice DOB: 01-29-90

                Looks to be 1yr, 7 mnths, & 17 days apart

                Okay....

                This is good news (criminally speaking) for your neice. As she is less than 3 years older than he, she can take advantage of the affirmative defense contained within the statute.

                (b) It is an affirmative defense to prosecution under this
                section that the actor:
                (1) was not more than three years older than the victim
                and of the opposite sex;
                Now, mind you, this affirmative defense does not make the sexual activity legal. She could still be brought up on charges and face prosecution. However, the AD basically means that there would be no conviction for this crime. Knowing that, I don't know too many DAs that are going to persue these charges when s/he knows that a conviction is virtually impossible.
                HOOK 'EM HORNS!!!
                How do you catch a very rare rabbit?
                (unique up on him)
                How do catch an ordinary rabbit?
                (same way)

                Comment


                • #9
                  Do we still need a lawyer?

                  Now that I know we can utilize the "affirmative devense", could the father's parents press charges? or demand the baby be put up for adoption? What power does the father's parents have (being that he is 16)?

                  Comment


                  • #10
                    Well, yes, they can file a police report. The affirmative defense in no way makes the sexual relationship legal. It's just that the chance of conviction is virtually nil. The DA would have to be on a tear, but she COULD be charged and prosecuted, which means that she would have to deal with all that prosecution entails, not the least of which would be the expense.

                    She cannot be forced to give the child in adoption.
                    HOOK 'EM HORNS!!!
                    How do you catch a very rare rabbit?
                    (unique up on him)
                    How do catch an ordinary rabbit?
                    (same way)

                    Comment


                    • #11
                      Could the father's parents take custody if they feel my niece is not a fit parent or financially could not take care of the baby?

                      My niece's mother is not in the picture. Her father will not have her and the baby live under his roof, but he also will not remove her off of his insurance until the baby is born. After that, she will be on her own.

                      All your advise is GREATLY appreciated!

                      Comment


                      • #12
                        No. They have no standing to sue for custody.

                        The FATHER of the child, however, has every right to sue to establish legal paternity and for custody/visitation. I have no way of determining how much control they have over their son to force him to sue.

                        Your neice would do well to speak to a criminal defense atty and a family law atty (as this situation is really two different areas of the law) to know exactly where she stands.

                        In MY opinion (and I am not an atty) is that at worst, IF his parents really persue this and the DA is gung ho for SOME conviction, she could possibly face some other minor charges, such as enticing a minor.

                        Now, if she had any sexual communication with him via the internet, text messages, etc. that's a whole other host of charges.
                        HOOK 'EM HORNS!!!
                        How do you catch a very rare rabbit?
                        (unique up on him)
                        How do catch an ordinary rabbit?
                        (same way)

                        Comment


                        • #13
                          Thanks for your help in this. I'm going to share all this information with my neice and her boyfriend this weekend. They have a hard choice ahead of them.

                          Gratefully,
                          fyplee

                          Comment

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