Ex-wife has child with a minor? Concern on our children saftey...

[Dad4444]

What is the name of your state (only U.S. law)? California

My ex-wife and I share custody of our 4 children. I am the custodial parent. I recently found out that the man she had a child with over a year ago was 17 years old when the child was born. She was 27. What can I do to have someone look into this? Can I file a TOR while the investigation is taking place? I do not feel comfortable sending my children with her every weekend with this new information. Is there any way to have supervised visitations when she is with the kids? Please help. Thanks.

 

[Isis1]

How did you come about this information? Was mom formally charged?

Why is mom now a danger to the child at least nine months AFTER the alleged incident?

 

[Dad4444]

After a visit with their mother, the kids advised me that they had celebrated the baby's father's 18th birthday. The mother has not been formally charged as of yet but I'm interested in finding out if she can even be charged.

As a parent, I don't feel comfortable sending my kids with her knowing she had sex with a minor. He was a kid himself.

Thank you for your feedback

 

[Isis1]

After a visit with their mother, the kids advised me that they had celebrated the baby's father's 18th birthday. The mother has not been formally charged as of yet but I'm interested in finding out if she can even be charged.

As a parent, I don't feel comfortable sending my kids with her knowing she had sex with a minor. He was a kid himself.

Thank you for your feedback

So explain how she is endangering the children you have together?

What legal proof do you have he was under 18?

The reason I am asking is, you can't walk into court saying "cuz my kids said so".

 

[Proserpina]

After a visit with their mother, the kids advised me that they had celebrated the baby's father's 18th birthday. The mother has not been formally charged as of yet but I'm interested in finding out if she can even be charged.

As a parent, I don't feel comfortable sending my kids with her knowing she had sex with a minor. He was a kid himself.

Thank you for your feedback

Here's the relevant code:

Title 9. of crimes against the person involving sexual assault, and crimes against public decency and good morals

Chapter 1. Rape, abduction, carnal abuse of children, and seduction. - Section 261.5.

(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age and older.

(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.

(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.

(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.

 

[MrJenkins]

this is not from the otherside, is it?

https://forum.freeadvice.com/child-custody-visitation-37/27-year-old-who-had-child-17-year-old-533255.html

 

[Proserpina]

this is not from the otherside, is it?

https://forum.freeadvice.com/child-custody-visitation-37/27-year-old-who-had-child-17-year-old-533255.html

Oh, possibly.


There does seem to be a rush of these 27 year old women doing the squishy-squishy with 17 year olds in California lately.

(And on other boards, too - except they're likely the same situation in this case )

 

[Isis1]

this is not from the otherside, is it?

https://forum.freeadvice.com/child-custody-visitation-37/27-year-old-who-had-child-17-year-old-533255.html

Ewww! I remember that now!

In the event this isn't a troll ( I still have my suspicions ),

OP, do you know if mom got the baby returned to her? Have you contacted social services to see if the investigations are still ongoing?

This is what confuses me. If social services removed the baby from the hospital, why didn't they also remove the other children from the home?

If the investigation is still pending, the baby isn't returned home, then request supervised visitation until the investigation is over.

 

[Dad4444]

@ Isis1 - For a mother to have sex with a minor tells me she is not in the right state of mind. Since she is not in the right state if mind, sending my children with her to spend days and nights together worries me. How can she care for our children if she is making choice and decisions as she has made. I do not have an formal proof but I would like someone, DA's office or Police Department to investigate this.

@ Mr. Jenkins - Interesting case but I doubt that is my exwife. She currently lives with the boyfriend. His parents seem to help them out financially.

@ Proserpina - Thank you for the codes. I found them very useful.

Thank you for the feedback everyone

 

[Isis1]

If that isn't your ex-wife, then I'm baffled the hospital didn't report it. I'd give social services a call. The thing that might not help you, is he's 18 now. I'm not saying that makes the situation right, but it might make it less likely they'll do much to help you.

I'd still persue the issue in court.

 

[Proserpina]

@ Isis1 - For a mother to have sex with a minor tells me she is not in the right state of mind. Since she is not in the right state if mind, sending my children with her to spend days and nights together worries me. How can she care for our children if she is making choice and decisions as she has made. I do not have an formal proof but I would like someone, DA's office or Police Department to investigate this.

@ Mr. Jenkins - Interesting case but I doubt that is my exwife. She currently lives with the boyfriend. His parents seem to help them out financially.

@ Proserpina - Thank you for the codes. I found them very useful.

Thank you for the feedback everyone

You're welcome. But honestly - after this much time (and he IS now 18), I cannot see the DA going ahead with prosecuting your ex.

You are concerned with your ex's state of mind, but her boyfriend is now of legal age - so it's a non-issue whether she lives with him, marries him or simply has him over on weekends as her bed-buddy.

I'm sorry, but that's the reality.

Had he been 13 or 14? I can absolutely see a different scenario playing out. But in this situation? I'm just not seeing a prosecution, let alone a conviction.