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Parents Rights (my life struggle)
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#1 Posted : Wednesday, October 20, 2010 2:06:52 AM(UTC)
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Ok so here is one that i would like some comments on. My girlfriend who is abit younger than myself has fell pregnant with my child...
After 6 months everyone found out... (including us i think we were a tad.... blind)
Now her dad came to my house angry as every father would be when their child is so young and started accusing me of statutory rape which is understandable... (which he cannot do as they were dropping her off which means they gave basic consent and she did agree to having sex and still wants too spend her life with me as i do want to with her, which is proof i didn't rape her, if i did she would want nothing to do with me correct?)

Her mother tried to get her father to accept that his daughter is having my child and succeeded (It is and was too late for an abortion). Now this man somehow got an idea in his head that he would get custody of the child and doesn't want me to be involved in this child or his daughters life. The child is mine and my girlfriends blood its our not his which in terms means that we call the shots on this child correct?

Anyway its been about 2 months now and he is still unable to accept the fact that my girlfriend and I would like to raise the child together as a couple the way a child should be raised. She approached him and stated that we are going to raise the child under the support of my mother and hopefully them until we are able to live independently.

He turned around to her when she said this and said: "No, you don't have the right to call the shots I (her father) am your parent and i call the shots", she replied by saying: "its our child and we ARE going to be together and raise the child" (which i would like to raise the child with her I love her and want to be there for the child because i never had a father and I feel this is something I have to accomplish in my life and that i want to have a family with her), to which her father responded, "this is my child (her father) and he is going to raise the child (now he is trying to take something away from me).

Basically this man is trying to take away my son even before he is born and further more this man is keeping me and my girlfriend away from each other, right now she has had an argument with her father and just gone to sleep but he said stop talking to me about this or I will put him in jail for rape (which only she can do so she kept fighting with him because she loves me and I know she wont do that). Now they are saying they are going to get a restraining order against me, i would like to know how to handle this man and I would like to know if her parents can actually get a restraining order against me. I am not invading any of her human rights although her parents do emotionally abuse her and allow her no privacy so cant she get one against them?

1. Can we fight them for our sons rights?
2. Can they actually get a restraining order against me? (she is a minor and i am of legal age)
3. Can she get a restraining order against her parents?
4. What rights does a father have once a child is born?

Also any other positive feed back would really be appreciated me, my girlfriend and my mom need all the help we can get to make her parents accept this and accept that we want to be together and the plan isn't for her to live with me its to give this child the best life we can as young parents (she doesn't want to give the child up for adoption). I only want the best for EVERYONE, her family included we are not trying to be selfish, we want everyone to be happy but mostly our son.

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#2 Posted : Wednesday, October 20, 2010 10:18:18 AM(UTC)
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hey man. u are the dad. there is no way he can keep u away as long as you are alive!!!! the kid will even look like u. goodluck with the dad. sounds like a real ass! My current girlfriend was 15 and i was 20 and we were almost in the same situation. Plus i am coloured and she is white. dam. but you'll get through it.
PS: as long as she isnt like 13 or younger!!! thats bad on your side
RACHAELG
#3 Posted : Wednesday, October 20, 2010 10:20:18 AM(UTC)
RACHAELG

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Tough situation. Unfortunately I can't offer advice here, but wish you the very best as your intentions are clear, and you seem responsible enough to want to take control of the situation.
All I can say is call a meeting with all parties concerned, your mum and her parents included, and ask for an adult discussion on the best way forward.
If the father refuses to budge on his threats of taking the child away from you, maybe you could speak with a social worker and get outside help.
All the best! You will be a wonderful father!
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#4 Posted : Wednesday, October 20, 2010 10:20:25 AM(UTC)
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You idiot. Go lookup the meaning of statutory rape. Consent or not, it is rape if she is to young.
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#6 Posted : Wednesday, October 20, 2010 10:30:22 AM(UTC)
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ok well my first question is how old is she? Im assuming by the statutory rape charges shes under 16? In which case as far as I know he can still press charges. As she is underage it is the guardian that would press charges against you and not her. Or at least thats my understanding of it. I would however suggest that you seek proper legal advice on that as you could be toying with the rest of your life if it is that way. My guess is it would be a hard fight for them to win without your girlfriend testifying that you were manipulative and so on...

As for your questions:
1. Can we fight them for our sons rights?
Yes I believe you could as you are of legal age and the biological father. In fact my understanding is you have more rights to the child than he does according to law. The question here is, whats best for the child?

2. Can they actually get a restraining order against me? (she is a minor and i am of legal age)
Yes they possibly could if my understanding of the above statutory rape charges are right. I dont know if they could do it without your girlfriends testomony. Assuming she wouldnt cave in to pressure from her folks.

3. Can she get a restraining order against her parents?
There have been cases overseas where children have done this. But the question again that comes to mind, are you doing whats right for the child and your girlfriend by doing that? Regardless of what the law says.

4. What rights does a father have once a child is born?
You have lots of rights, but again, I would suggest getting proper legal council and not relying on layman thoughts when it comes to this.

Hope I helped a little there. Again I urge you to seek legal advice, and always remember this is about whats best for the child not just you two.
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#7 Posted : Wednesday, October 20, 2010 10:32:25 AM(UTC)
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Statutory rape means have sex with a minor ... consensual or not, it's illegal to have sex with a person who is underage. Offhand, I think the age is 14 (it used to be 16).

I think it would be best if you gave your ages when your girlfriend fell pregnant because that would enable users to give more accurate recommendations.
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#8 Posted : Wednesday, October 20, 2010 10:35:39 AM(UTC)
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If she's underage it is statutory rape - whether she was begging for it or not - better do your home work.
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#9 Posted : Wednesday, October 20, 2010 10:36:54 AM(UTC)
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You D-Head.
Any male can make a baby but it takes a man to raise a child. Been there done it and failed, also because i thought I was the man.
You sound even more immature than one would expect. Just wonder exzctly how old both of you are/
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#10 Posted : Wednesday, October 20, 2010 10:41:58 AM(UTC)
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Statutory rape is when a person has sex when they are younger than the minimum age of consent.

If you had sex with your girlfriend when she was younger than 16 years old, even if she consented, this would classify as statutory rape.

I’m not sure of the punishment that goes along with it, but it IS illegal to have sex, even consensual sex, with anyone under the age of 16, FULL STOP! It doesn’t matter that the parents knew or dropped her off.

As far as your parental rights are concerned, I’m not sure your girlfriend’s father has any right to dictate how the child is brought up or by whom. My understanding is that the biological parents have all the rights in these cases.

However, if you did in fact have sex with an underage girl, her father is also within his rights to report this and possibly have you prosecuted. You may want to sort this out without going legal as your girlfriend’s father’s decision to report the statutory rape case to the police could see your son spending his early years without a father anyway. Going the legal route could make him feel like he has no other choice.

Good luck, hope you get to be the father you appear to want to be.
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#11 Posted : Wednesday, October 20, 2010 10:43:38 AM(UTC)
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You are in a rather nasty situation young man.

For starters, the mere fact that you are an adult & you slept with a minor makes it statutory rape. It doesin't matter if she accepted, an adult are not allowed to have sex with a minor. You are very lucky the father of this child did not report you to the SAPS.

You could have ended up in jail you know?

The father has all the right in the world to call the shots, his daughter is a minor and he by law is responsible for her. You cannot expect this father to allow a minor child to now live with a adult. He will make himself quilty and possibly liable to jail sentence.

Based on the above you have no leg to stand on. Should you proceed with legal action against him you may land yourself in very hot water.

Now based on your write-up I sense you are fairly well educated & kudo's to you for having a desire to father your child. Most young men make a dash for it.

I strongly suggest you sit with the father, make him understand that you respect him calling the shots but you want to take up your responsibilty and would appreciate it if he could allow you to be factored into the shots he calls for you to be part of the greater plan.

Atleast this will be only till your girlfriend reaches 18 and she can then call her own shots.

You seem like a decent young man who made a mistake, gain this fathers trust (Gonna be really hard) and you may very well be better of in the future.

Should the father have rejected you completely and won't allow you near his daughetr of your son then you have no choice but to refrain from doing so or else Yes, he could get a retsraining order against you which will be effective till your girlfriend reaches 18.

Goodluck.

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#12 Posted : Wednesday, October 20, 2010 10:46:51 AM(UTC)
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Dude, if she was under the age of 16 when you slept together (consensual or not) and you where of legal age then you have commited statutory rape. End of story.
Each case will be looked at on merit but you have ceratinly broken the law. The reason why there is a "statutory rape" law is to prevent older people (normally males) from taking advantage over someone who it is deemed is not yet mature enough to handle the responsibility, trauma, and results of childhood sex. (std's, pregnancy, etc)
Because dude, that is what you did. You had sex and impregnated a child! Sounds harsh but from the tone of your letter you seem to think that by accepting responsibility you abscond yourself from the actual crime.
If she is still a minor (under 18) then I believe that her parents are still responsible for her well being. You talk about wanting the best for your son and grilfriend but your error in judgment with regards to having sex with a underage child shows that you do not consider consequence, maturity and responsibility before you act.

Well done for trying to take responsibility but as I said, you don't seem to grasp what you have done and are not bothered to see it from your girlfriends fathers side. I would accept his descision and prove yourself to be a man (and not a stupid horny teeneager) by always being availabkle and when you are BOTH adults re-evaluate the situation.

Sorry to be harsh b ut I think you need to hear it from someone! Good luck!
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#13 Posted : Wednesday, October 20, 2010 10:54:32 AM(UTC)
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She is younger than 18 and that makes it statutory rape you chop! The parents did not give you consent to have sex with their young daughter by dropping her off at your house. Maybe they thought you were responsible enough to keep it in your pants and wait until she was of a legal age to have consensual sex with you. Also, she is younger than 18 and you have your own house? I take it she is more than just "a bit younger" than you. What are you doing with a chid? Then again, just reading your 'story' shows you have the maturity of a teenager.
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#14 Posted : Wednesday, October 20, 2010 10:54:43 AM(UTC)
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Not to be nasty but you come across as abit of an idiot. If she is younger than 16, then according to the law of SA it is statutory rape. Also how do you know it is a boy she is having, or is that just your "i am a man, therefore" attitude? Also, how with so many precautions out there does a young girl fall pregnant. Total lack of responsibility.
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#15 Posted : Wednesday, October 20, 2010 10:55:36 AM(UTC)
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Oh, my goodness - this is quite a big problem. You sound like a good and caring person and I think your girlfriend's dad should at least be grateful that you are willing to take responsibility. Your girlfriend is underage, and yes, her dad is correct in saying that whether sex was consensual or not - it is still statutory rape and because your girlfriend is a minor, her father/parents are still her legal guardians. you can go the legal route, but I suspect that you will not get very far, as the law will be on your girlfriend's father's side. My suggestion would be that you, your mom and girlfriend set up an appointment with your girlfriend's dad and discuss things in an adult and mature way. Tell him that you love his daughter and unborn child and want to do what is best for them and most importantly that you want to be part of the life of your girlfriend and the baby. You might have to compromise and accept that it might be better for the foreseeable future that your girlfriend stays with her parents after the baby is born and that you have daily visiting rights. The only way I can see it that you might win over your girlfriend's dad, is that you act mature and reasonable. When your girlfriend is a bit older and of legal age, then you can move in together, or she can move in with your family. I can warn you though, having a baby is no fun and no games, it will probably be one of the most difficult times of your life, but - yes certainly the most wonderful and rewarding too - you might find your girlfriend going through major changes, so you will have to buckle up for the "ride of your life" ... Good luck!
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#16 Posted : Wednesday, October 20, 2010 11:00:59 AM(UTC)
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@ Guest 08:20:25. Top Reply!! If the girl is under the age of consent, she can beg you to have sex and you can film it and get her to sign an affidavit, it won’t make a difference, still statutory rape. Goes to show the intelligence level of people who get pregnant so young...
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#17 Posted : Wednesday, October 20, 2010 11:06:40 AM(UTC)
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china best get some arse gel because you going to jail.... had i been the father i probably would have murdered you and buried your body in the bushveld then force my daughter to have an abotion then sent her to norway for a few years...... your ass is going down matie....
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#19 Posted : Wednesday, October 20, 2010 11:08:12 AM(UTC)
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You self-righteous idiot! Not one word of regret that you have messed up a young girls life or that you are sorry for taking advantage of someone who is not even of legal age, it appears! I hope her father sees that you end up in jail! Let's see YOU being taken advantage of then!
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#20 Posted : Wednesday, October 20, 2010 11:09:27 AM(UTC)
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if she is under 16 the father remains her guardian and has a say. You seem to think you know an awful lot for someone who couldnt think to use a condom! - look up statutory rape!
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#21 Posted : Wednesday, October 20, 2010 11:13:36 AM(UTC)
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The real loser in this whole mess is going to be your child. Whats the chances you or your girlfriend will be able to care properly for the child? Chances are in a years time you are not together anymore due to the pressures of parenthood, and the child spends most of its time with the grandparents anyway (I have seen this so many times before).

Quite frankly, if you had knocked up my daughter, I would do more than just get a restraining order against you. A restraining order against her parents? WTF? Your immaturity shows - you think it is all about you and your girlfriend now...

Big enough to have sex, but not to think about the consequences. If she is under the age of consent, then it is statutory rape - doenst matter if her parents dropped her off by you, and that she consented. I hope you are prosecuted for this.
Logan
#22 Posted : Wednesday, October 20, 2010 11:20:13 AM(UTC)
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Dropping her off DOES NOT mean consent!!! I sugest you read up the law on statutory rape, as it has changed. if she is under than 16, or you are more than two year older than her your in trouble. as a parent and f my daugher was younger than 16 you'd be lucky to still be walking and typing let a lone complaining about rights to a child. you sound like a child your self, have no control and very little intelligence how the hell do you think you should have rights??
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