I researched the general statutes for Idaho and found that the Idaho statutes do not give this father the right to go in and take his child or to exercise visitation without the grandmother's approval unless the court has given this father visitation rights.
Automatic rights to custody are granted only to parents of legitimate children, not to children born out of wedlock.
A minor who is pregnant, or has given birth, remains under the custody of her parents and remains in the home of her parents where her parents have 'control' over both their child and their grandchild.
In order for a father of a child born out of wedlock to have any visitation rights, he must petition the court to establish his rights as a father, starting with petitioning to have himself declared as the father.
A minor under the age of 16 can not marry unless one parent signs AND a physician examines the minor and makes a decision that the minor is both physically and emotionally fit to fulfill the role of a spouse or parent. Then, the court has to issue a ruling that the marriage can take place.
All of the advice to this young man to just charge in and take his child for visitation is advising him on how to get arrested and having the issue of statutory rape brought to the attention of the court.
When and if this father files to establish himself as the father of this child, he faces the wrath of the court and may find himself charged with statutory rape as well as being declared the father.
There is no easy out for this young man or the child that he impregnated or for the child born from their lack of maturity and responsibility.
The grandparents are in control of this situation until the court says otherwise.
Here are portions of the statutes:
TITLE 32
DOMESTIC RELATIONS
CHAPTER 10
PARENT AND CHILD
32-1007. RIGHTS OF PARENTS OVER CHILDREN. The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or be unable or refuse to take the custody or has abandoned his or her family, the other is entitled to the child's custody, services and earnings.
TITLE 16
JUVENILE PROCEEDINGS
CHAPTER 15
ADOPTION OF CHILDREN
16-1513. REGISTRATION OF NOTICE OF COMMENCEMENT OF PATERNITY PROCEEDINGS.
(1) A person who is the father or claims to be the father of a child born out of wedlock may claim rights pertaining to his paternity of the child by commencing proceedings to establish paternity under section 7-1111, Idaho Code, and by filing with the vital statistics unit of the department of health and welfare notice of his commencement of proceedings to establish his
paternity of the child born out of wedlock.
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 6
ABORTION AND CONTRACEPTIVES
18-602. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds:
(a) That children have a special place in society that the law should reflect;
(b) That minors too often lack maturity and make choices that do not include consideration of both immediate and long-term consequences;
(c) That the medical, emotional and psychological consequences of abortion and childbirth are serious and can be lasting, particularly when the patient is immature;
(d) That the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of bearing a child or of having an abortion are not necessarily related;
(e) That parents, when aware that their daughter is pregnant or has had an abortion are in the best position to ensure that she receives adequate medical attention during her pregnancy or after her abortion;
(f) That except in rare cases, parents possess knowledge regarding their child which is essential for a physician to exercise the best medical judgment for that child;
(g) That when a minor is faced with the difficulties of an unplanned pregnancy, the best interests of the minor are always served when there is careful consideration of the rights of parents in rearing their child and the unique counsel and nurturing environment that parents can provide;
(h) That informed consent is always necessary for making mature health care decisions.
(2) It is the intent of the legislature in enacting section 18-609A, Idaho Code, to further the following important and compelling state interests
recognized by the United States supreme court in:
(a) Protecting minors against their own immaturity;
(b) Preserving the integrity of the family unit;
(c) Defending the authority of parents to direct the rearing of children who are members of their household;
(d) Providing a pregnant minor with the advice and support of a parent during a decisional period;
(e) Providing for proper medical treatment and aftercare when the life or physical health of the pregnant minor is at serious risk in the rare instance of a sudden and unexpected medical emergency.
TITLE 32
DOMESTIC RELATIONS
CHAPTER 2
MARRIAGE -- NATURE AND VALIDITY OF MARRIAGE CONTRACT
32-202. PERSONS WHO MAY MARRY. Any unmarried male of the age of eighteen
(18) years or older, and any unmarried female of the age of eighteen (18)
years or older, and not otherwise disqualified, are capable of consenting
to and consummating marriage. Provided that if the male party to the
contract is under the age of eighteen (18) and not less than sixteen (16)
years of age, or if the female party to the contract is under the age of
eighteen (18) and not less than sixteen (16) years of age, the license
shall not be issued except upon the consent in writing duly acknowledged
and sworn to by the father, mother or guardian of any such person if there
be either, and provided further, that no such license may be issued, if the
male be under eighteen (18) years of age and the female under eighteen (18)
years of age, unless each party to the contract submits to the county
recorder his or her original birth certificate, or certified copy thereof
or other proof of age acceptable to the county recorder. Provided further,
that where the female is under the age of sixteen (16), or the male is
under the age of sixteen (16), the license shall not issue except upon the
consent in writing duly acknowledged or sworn to by the father, mother or
guardian of such person if there be any such, and upon order of the court.
Such order shall be secured upon petition of any interested party which
petition shall show that the female minor under the age of sixteen (16), or
the male minor under the age of sixteen (16), is physically and/or mentally
so far developed as to assume full marital and parental duties, and/or that
it is to the best interest of society that the marriage be permitted. A
hearing shall be had on such petition forthwith or at such time and upon
such notice as the court may designate. The judge shall secure from a
physician his opinion as an expert as to whether said person is
sufficiently developed mentally and physically to assume full marital
duties. If said court is satisfied from the evidence that such person is
capable of assuming full marital duties and/or that it is to the best
interest of society, said court shall make an order to that effect, and a
certified copy of said order shall be filed with the county recorder
preliminary to the issuance of a marriage license for the marriage of such
person and said order of the court shall be the authority for the county
recorder to issue such license.
EC
