Q: my son is 18 and his girlfriend is 16 they ve been together over a year and now she is pregnant and the mother kicked her out cause she didn't have an abortion and before the pregnacy she was already going thru issues with the mother but this now gave the mom more ower to throw her daughter out the home, i am the mother of the boyfriend willing to help both of them. my son grauated highschool and she still has 2 yrs. to finish but is determined to do so. what legal actions can i take to help her
A: David Bliven's Answer: Preliminarily, I disagree with the opinion that the boyfriend may be guilty of statutory rape. All of the statutes defining rape have an affirmative defense connected with them such that a person would only be guilty if more than 4 years older than the victim (http://public.leginfo.state.ny.us/LAWSSEAF.cgi?...). In any event, if your question pertains to obtaining medical insurance for her and/or enrolling her in school, you may be able to get a simple consent from the girl's mother & then execute the appropriate forms supplied by the school & insurance provider. If either require you to file for guardianship or custody, then that's the route you may need to take.
Postscript: One correction/caveat - the statute defining sexual misconduct does NOT contain the same affirmative defense & thus arguably one would be guilty if one were 18yo & had sexual intercourse with a 16yo.
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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