new mommy & daddy need help

[fast_one]

What is the name of your state? Idaho

My girlfirend and I just had a beautiful baby girl, and they both live in her mother's house. She is almost 15 and I am 19.
Me and my girlfriend both want the baby to live with me because the enviroment at her mother's house isn't what we want our child to grow up in. The house is always smoked in, and people always fight there. There is a drug and alcohohl problem, they have ants and mice, which the mice just recently started eating my daughter's clothes. I use to live there and one night I woke up with a mouse nibling on my chest!! I was so grossed out! One day I went over there and my girlfriend's sister was holding my baby in front of someone who was smoking. It made me mad, and told them I want no smoking around my baby. What can I do? I guess supposivly since my GF (GIRLFRIEND) is a minor her mother has custody. Is that right? why don't I have any right? Or do I? I have a much better enviroment and can do more for both my GF and our baby. Ever since my GF was pegnant I was the one who bought here clothes. I was the one who bought her her food, because she was poorly fed at her house. Her mother isn't even employed. I have a decent job and don't smoke or anything and have a running vehicle. Her mother doesn't. My girlfriend and I have discussed the situation and came up with two options.
1. I could try to gain custody of our daughter so she could live with me. or
2. We can try to get married under a judges approval because I know the mother wont let us get married at the moment.
I get to have my daughter two times a week at my house, but while the baby is absent at the other house people smoke and drink and do drugs there and I don't like that because it still harms the baby. I don't know what to do because I am scared that I might get charged with stajitory rape, and if I was too a should have been charged like a year ago and not now. I mean my girlfriend is a twin, and her mother lets her twin hang out with a crazy 18 year old, who smokes, drinks and does drugs, and its like she didn't learn what could happen again. Please help me out here, if anyone wants to ask me anything feel free to.
Tony

 

[usmcfamily]

You have been sorely misinformed -- the parents of the child have legal parental rights to the child, not the grandmother.......if you two want your baby to live with you then take the baby home with you.....gramma will have to get over it.....
Even if you were to have to jump through the legal hoops of seeking custody it would be a case between you and the child's mother.....not the grandmother. Since the mother wants you to care for the child there would be no reason for her to contest the case......
One ? - are you on the b.c. as the father? If you are not legally recognized as the father you may have problems because you would be unable to act as a parent (ie medical care issues, etc) until it is "official" that you are the father......

 

[fast_one]

wiat but the thing is I'm 19 and she is 15, so her mother has custody of my GF, SO DOES THAT GIVE CUSTODY OF MY DAUGHT TOO?

 

[usmcfamily]

Regardless of the age of the mother the biological parents of a child have the legal rights and responsibilities of the child (I grew up in ID and had more than one friend who had a child under 18....)

 

[fast_one]

hEY CAN WE KEEP IN TOUCH? I CAN REALLY USE YOUR HELP.
tONY

 

[usmcfamily]

Just be aware that if mommy-dearest gets her panties in a bunch about it all she *could* seek to press charges against you on the age issue ..... which, if she was successful, could conceiveably serve her purpose in keeping the baby with her because w/you out of the picture (due to the charges) the child would stay w/it's mother which would also mean it would be staying with grandma......

 

[fast_one]

Do you mean if my GF presses charges or the grandma?

 

[kw0602]

When your GF had a baby at 14 she is considered an emancipated minor. Which means that she is no longer considered to be a minor, she is an adult who makes all decisions for her child. If she wants to grant you custody of the child, she must have a paternity test done. Then you have to file for custody. Her mother has NO rights to that child.

Your GF's mother could press charges of rape on you since the GF is only 14! So it is up to you what you do. Gf's mom can do a lot to hurt you legally also.

 

[ktarra617]

she's meaning that grandma can press statutory rape charges because you are 19 and your GF is 15. That's means she was more than likely 14 when she got pregnant.

Grandma has no rights to your daughter. Only your GF and you have rights to your child. But grandma can make it difficult for you but if she does file charges against you, you can counter that the only reason she is filing charges now is because your GF and you have made other arrangements for your child. Ofcourse that may or may not matter to the judge.

Bottom line you and your girlfriend should consult a lawyer in the area.

 

[ktarra617]

When your GF had a baby at 14 she is considered an emancipated minor. Which means that she is no longer considered to be a minor, she is an adult who makes all decisions for her child. If she wants to grant you custody of the child, she must have a paternity test done. Then you have to file for custody. Her mother has NO rights to that child.

Where is the law for this one? If giving birth makes this child emancipated then why are many underage mothers who are still be provided for with child support from the NCP?

This girl is still a minor. She cannot enter into contracts. If her mother recieves child support for her, her will continue to receive child support for her.

She can make decisions for her child but her mother is still entitled to make decisions for her. Her mother has no rights to the child but her mother still has rights to her.

It is my understanding that the only way this girl can get emancipated is either file for it or for her to marry her BF.

 

[fast_one]

so then when I file for custody, do I have to make sure that I am on the birth certificate right? because I remeber her mother didn;t want me on it because she told my GF that it might put me in jail because the hospital would press charges against me. I didn't believe it, but I didn't get put on it, but the baby does how ever have MY LAST NAME. should I get my name in that birth certificate as soon as possible? and if I'm not on the birth certificate then why has my GF mothere filed for child support? I mean Like I said in my story I have always supported both of them, she hasn't done jack squat.

 

[fast_one]

emanstipation

Does my GF have to have a steady job? I mean she still plans on going to school. She will be entering the 10th grade. can she still be emanstipated?

 

[kw0602]

You will have to have a paternity test done. It does not mater that you name is not on the birth certificate, if you are the father YOU ARE not matter what.
The reference I have for the emancipated minor is in the Whaley and Wong's Care of infants and Children 6th edition. Page 1112
states that an emancipated minor is one who is LEGALLY under the age of majority but is recognized as having legal capacity of an adult under circumstances prescribed by law. Pregnancy is one of these circumstances. This means that these kids are emacipated to make decisions for THEIR children. I don't know why these kids are still being given CS from their NCP. I would question this myself. But I know this child can be considered an emancipated adult.

At 14 is it possible for your GF to have a steady job? Yes, she can be emancipated. You need to consult an attorney. I have been through a similar situation with a close family and therefore I know that she can me emancipated.

 

[fast_one]

emancipated

What I mean is does she have to have a steady job in order to be emanstipated? Or can she be emanstipated also because the father has a job?

 

[I AM ALWAYS LIABLE]

Re: emancipated

What I mean is does she have to have a steady job in order to be emanstipated? Or can she be emanstipated also because the father has a job?

=================================

My response:

Do you mean "emancipated" or "constipated"?

By the way, do you know that you have committed the crime of "Statutory Rape"? You could be arrested, tried and convicted.

IAAL