My Girlfriends Parents have guardianship and are ruining our lives

[cbg]

What about it? How much younger are you?

 

[matt3124]

What about it? How much younger are you?

she's 24 im 21

 

[OHRoadwarrior]

KY has no Romeo/Juliet laws. In fact, she cannot legally give consent. It appears you are a repeat felon.

510.020 Lack of consent.
(1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim.
(2) Lack of consent results from:
(a) Forcible compulsion;
(b) Incapacity to consent; or
(c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.
(3) A person is deemed incapable of consent when he or she is:
(a) Less than sixteen (16) years old;
(b) An individual with an intellectual disability or an individual that suffers from a mental illness;
(c) Mentally incapacitated;
(d) Physically helpless; or
(e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency.
(4) The provisions of subsection (3)(e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 124, effective July 12, 2012. -- Amended 2006

510.050 Rape in the second degree.
(1) A person is guilty of rape in the second degree when:
(a) Being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old; or
(b) He engages in sexual intercourse with another person who is mentally incapacitated.
(2) Rape in the second degree is a Class C felony.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 259, sec. 3, effective July 15, 2002. -- Created 1974 Ky. Acts ch. 406, sec. 85, effective January 1, 1975.

 

[matt3124]

Thank you all very much for the information, it's been helpful.

Maybe I'll just break up with her, I don't know if this is all worth it.

 

[OHRoadwarrior]

Thank you all very much for the information, it's been helpful.

Maybe I'll just break up with her, I don't know if this is all worth it.

It isn't. That is what we have been attempting to explain.

 

[swalsh411]

Plenty of fish in the sea. Your first love won't be your last love. Why are you in such a rush to get married? You're only 21.

 

[stealth2]

If SHE is interested in having the guardianship removed, perhaps SHE should be the one asking? If she is incapable of doing so, perhaps there is good reason for the current state of affairs.

 

[matt3124]

If SHE is interested in having the guardianship removed, perhaps SHE should be the one asking? If she is incapable of doing so, perhaps there is good reason for the current state of affairs.

She actually started the process today and threatened her grandparents with lawyers, she said she was disrespectful to her parents, I told her going the legal route is fine but there's no sense in being disrespectful since it makes her look immature.

I told her once it's removed i'll stay in contact with them and just be kind to them since there's no sense in making enemies of them.

 

[stealth2]

She actually started the process today and threatened her grandparents with lawyers, she said she was disrespectful to her parents, I told her going the legal route is fine but there's no sense in being disrespectful since it makes her look immature.

I told her once it's removed i'll stay in contact with them and just be kind to them since there's no sense in making enemies of them.

What do her grandparents have to do with anything?

 

[matt3124]

What do her grandparents have to do with anything?

Well, when I said it was her parents I meant her grandparents since she calls her grandmother "mom" and her grandfather "dad", her grandmother/"mom" is the one with the guardianship.

 

[sandyclaus]

I'm actually younger than she is.

what about the romeo and juliet clause?

In your situation, if the girl is considered LEGALLY mentally incompetent, the Romeo and Juliet clause doesn't apply.

It's not about her physical age, it's about her MENTAL age. Since the parents have had her declared mentally incompetent (which would have had to happen through the courts in order to have them appointed as her legal guardians), her actual age makes no difference.

If you want to challenge their declaration of her mental incompetency, then hire yourselves an attorney and do it. But until her competency status changes, she's OFF LIMITS, both to marriage or sexual activity.