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16 year old daughter with baby needs to come home

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tracyttru

Junior Member
What is the name of your state? Colorado
I will try to be brief- My daughter left the state in May of 2001 when she was still 15 with a guy she met on the internet. Well, they went to NYC where he lives with his mom and dad. They were sure they were in love etc... I didn't know where she was for awhile, but through my own detective work I located her. She told her boyfriend she was 17 going on 18 and that is what they told his mom as well. I finally talked to him and told him she was 15, he didn't realize that. I found out later he was 22. His parents let them stay with them and before too long she was pregnant. Well, because of that I didn't try to get her returned back here. She went on to have the baby in april and my husband and I flew to NY and consented for them to get married in May. We figured if they could make it together it would be better for the baby. This situation was investigated by CPS or whatever it is called in NY, and determined that there was no grounds for investigation. They then closed the case. Well, now things are getting bad between my daughter and her husband. On top of everything else (or maybe the real problem) is his mom who is butting into their business and controls everything in the household. Well, my daughter is ready to come home now to Colorado and of course she wants to bring the baby. What I need to know is, can they do anything to stop her? I am pretty ignorant about these things since I have never been divorced or anything. My daughter thinks they will lie and say she is a bad mother etc. I told her to keep her cool and not get upset and tell them you are just going to visit me for a couple weeks so you can have time to think etc. I have to say she is a very good mother for being so young and she takes good care of the baby and is very devoted to him. The only time she ever leaves him is to go to work or school. All she wants now is to be able to take care of him and support him. She wants to come back here and go to school so she can take care of him. My husband and I are willing to help her too. I figure she should be here, cause if they split up they will probably kick her out and she doesn't have anybody in NY to help her. She doesn't want to take the baby away from his dad, but he is getting mean with her (not physically) and she feels like she isn't welcome there. His mom is also giving her grief. They know she doesn't have anywhere to go either. If anyone can give us some advice it would be appreciated. I hope this doesn't turn ugly, but if it does, I want her to be protected.
 


stealth2

Under the Radar Member
I honestly don't have a clue what to say to you. As a parent, I can't understand how y'all thought this was a good idea, and why you didn't have him brought up on charges of statutory rape.

Since they're married - and you consented - she's got to get divorced. NYS is a fault state, which complicates things even further than they already are. Unfortunately, if she returns to CO, she can't file for divorce there until she satisfies the residency requirements, and her husband can file in NY. Which means she will have to return to NY (and have lawyer in NY) to settle things. He can also bar her from moving the child to CA - and make her bring him back if she leaves him with you.

What you really HAVE to do is talk to a lawyer in NY and see how this mess can be sorted out. It's possible that there's a statute of limitations for statutory rape and it wouldn't be affected by your consenting to their marriage. But she needs a lawyer. Don't compound the stupidity by trying to work around it.
 

tracyttru

Junior Member
I know, we were really stupid the way we handled this. But hind sight is 20-20. CPS told me at the time I could charge statutory rape but I didn't because of the baby. I flew over there and even checked the whole thing out. Every one was very nice etc. This was the second time my daughter took off to be with him. The first time I tracked her to Des Moines Ia and the police removed her from the bus she was on and my husband and I went to pick her up. A month later he came here and they left on the bus again, but I was unable to catch her and didn't know where she was. This girl was very determined to be with him and we really were at our wits end. I think you are right, I need to contact a lawyer in NY. I think he is emotionally abusing her. What does it mean that NY is a fault state?
 

stealth2

Under the Radar Member
NY being a fault state means she can't just say she doesn't want to be married anymore and get a divorce. She has to have proof of fault - adultery, cruel & inhuman treatment, abandonment, etc. I don't think you'll even be able to have the marriage annulled due to her age since you and your husband consented to the marriage. She *needs* a lawyer.
 

tracyttru

Junior Member
Thanks momma tiger, that clears it up a lot. I am in the process of contacting an attorney for her. I can get a free consultation, but I don't have the money to retain a lawyer and she doesn't either. I guess I will have to see what the lawyer says and go from there.
 

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