Legal Question in Family Law in California

I'm 17 and 8 months pregnant my boyfriend who's 15 broke up with me when i was five months pregnant because i didn't take him to one of my ultra sounds..I'm currently living with my mom and three siblings in a one bedroom apartment (we're a little crowded but we never lack on food or necessary items). My ex is on probation for gang related problems, (he say's he got out of the gang but u highly doubt that) and I'm not sure if he still does but he would often times smoke weed and drink during the time that we were going out even though he promised me many times he would stop. He's working and when he broke up with me he said he would only buy the things the baby needed and anything that i needed i would have to get myself (which i was alright with as long as my baby had everything he needed). I'm due in November and all he's given me so far are three baby shirts, a box of diapers and baby wipes, laundry detergent, and baby shampoo.He has not given me any money to buy all the other things the baby still needs yet he feels he can call me yell at me to change the babies name and swear to god he'll would take the baby away from me if i didn't change it. I'll be 18 in October and he'll be turning 16, my question is can he get custody of my baby with his record? and can i put him on child support without getting into legal trouble for being older than he is?

Asked on 9/18/10, 2:13 pm

1 Answer from Attorneys

Diane Singleton-Smith Singleton Smith
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You were both minors when you had sex so you can't get into legal trouble even though you were older than him. If you get WIC or other government aid (which I recommend you apply for) then the Department of Child Support Services will get involved in the case to collect support. I assume he does not have a paying job so your problem will be that he won't be able to pay any support. The support order will continue to accrue and remain outstanding until he pays it. Maybe someday he will have a job where they will garnish his wages. As to the custody issues, the court will consider his record and yours if you have one and establish some visitation. Be sure you inform the court about his drug and alcohol problems. It may be supervised visitation if the court finds it in the best interest of your child. Someone (a professional or someone you both pick) will have to sit there with him while he does his few hours of visitation.

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9/25/10, 5:22 pm

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