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I'm 28, my girlfriend is 20. Mother is still girlfriend's legal guardian. (sex law?)

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paintdblack

Junior Member
What is the name of your state (only U.S. law)? Missouri

I'm a 28 year old male and my girlfriend is 20. My girlfriend's mother is her legal guardian, because my girlfriend had rage/anger issues as a teenager. Is it illegal for me to engage in sexual activity with my girlfriend? She is not mentally disabled or with a learning disability.

Her mother told me that I could end up in prison if my girlfriend and I had sex, because she is my girlfriend's legal guardian. She made me feel very stupid and uneducated for not knowing this law. Truth is, the only thing I can find in my research so far is that the age of consent is 18. Is this a scare tactic from her mother or is there some proof/writing that states otherwise? What are the consequences?

(Please redirect me if this is the wrong board to post this.)What is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Missouri

I'm a 28 year old male and my girlfriend is 20. My girlfriend's mother is her legal guardian, because my girlfriend had rage/anger issues as a teenager. Is it illegal for me to engage in sexual activity with my girlfriend? She is not mentally disabled or with a learning disability.

Her mother told me that I could end up in prison if my girlfriend and I had sex, because she is my girlfriend's legal guardian. She made me feel very stupid and uneducated for not knowing this law. Truth is, the only thing I can find in my research so far is that the age of consent is 18. Is this a scare tactic from her mother or is there some proof/writing that states otherwise? What are the consequences?

(Please redirect me if this is the wrong board to post this.)What is the name of your state (only U.S. law)?


Barring any disability and/or incompetency issues, Mom is blowing smoke.
 

CJane

Senior Member
BUT, barring competency issues, why does the 20 year old ADULT have a guardian?

Because in MO? That's not something that happens.

Guardianship in Missouri is governed by Chapter 475 of the Missouri Revised Statutes. It is important that certain terms dealing with guardianship and conservatorship be understood. The following definitions, as they apply to guardianship and conservatorship, should be helpful:

Guardian: A person appointed by the Probate Court to have the custody of a minor or of an incapacitated person.

A limited guardian is a person whose powers as guardian are limited by the
court to certain specified functions.

Incapacitated Person: A person who is unable due to any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he is unable to provide himself with food, clothing, shelter, safety, or other care to such an extent that physical
injury, illness or disease is likely to occur.

Partially Incapacitated Person: A person who lacks some, but not all, of the abilities necessary to provide himself with food, clothing, shelter and other essential care.

Ward: A minor or an incapacitated person for whom a guardian or limited guardian has been appointed.
 

CJane

Senior Member
Mom was already legal guardian of the minor.

And to be the court appointed legal guardian of the adult, there HAVE TO BE competency issues.
 

xylene

Senior Member
Mom is blowing smoke.

But where there is smoke... :rolleyes:



PS I would never be looking for my partners PARENTS sexual consent, and that this is coming up points to something VERY VERY VERY wrong.
 

CJane

Senior Member
The only thing I can think of, is that she wasn't termed legal guardian... but that your girlfriend was deemed a "vulnerable adult"... which would make more sense in this situation. That opens up a whole new can of worms.
All I can find that references 'vulnerable adults' in MO, refers to the elderly.
 

Artemis_ofthe_Hunt

Senior Member
All I can find that references 'vulnerable adults' in MO, refers to the elderly.
While i'm not sure of MO, at least in MN and Miss.... the term "vulnerable adult" isn't limited to just the elderly. I'm still looking though. But really, before I spend too much time on the search, I think the OP needs to come back and clarify.

Really the ONLY reason that I brought this up was that my cousin was termed a
"vulnerable adult" by the Mn court system. Her mom CAN and DOES make all kinds of decisions for her based solely upon this finding. She was making all sorts of bad decisions and had done some pretty serious damage to herself with drugs. One of those decisions was sterilizing my cousin. So, yeah.... this situation doesn't sound too far off of that, from what little we've been given.
 

paintdblack

Junior Member
I have some more information for you guys about this but I can't get too much into it right now because I'm at work. I have found out that her mother is indeed the legal guardian. Again though.. This is not for a mental disability. It's because of mood swings and anger problems. I have a lot more info on this that I will share later today about what her mom allows her to do even though she is "unfit" to think for herself. This opens up a whole new can of worms and something doesnt seem right about this if her mother is legal guardian but will allow her respnsibilties like taking care of her infant sister while her parents run errands Thanks so much.
 

stealth2

Under the Radar Member
Dude, seriously... Can't you find a girl without mental issues? You're 28, and soon going to be looking to settle down. This is not a person to do so with. Honestly... move on. What are you going to do when she turns up pregnant?
 

CJane

Senior Member
I have some more information for you guys about this but I can't get too much into it right now because I'm at work. I have found out that her mother is indeed the legal guardian. Again though.. This is not for a mental disability. It's because of mood swings and anger problems. I have a lot more info on this that I will share later today about what her mom allows her to do even though she is "unfit" to think for herself. This opens up a whole new can of worms and something doesnt seem right about this if her mother is legal guardian but will allow her respnsibilties like taking care of her infant sister while her parents run errands Thanks so much.
Last try.

If she's an adult (and at 20, she is) and she has a LEGAL GUARDIAN, then she's been declared INCOMPETENT to care for herself.

'Mood swings and anger problems' do not an incompetent person make.

A COURT, after hearing EVIDENCE determined that this person should not be allowed to care for herself in any meaningful manner, and appointed someone - in this case her mother - to care for her and assist her in making decisions.

Pay attention. SHE HAS BEEN DECLARED INCOMPETENT BY A COURT.

And seriously? You're going to have sex with someone whom you don't think should be allowed to care for an infant sibling for a couple of hours?
 

paintdblack

Junior Member
I suppose what I'm saying is that I haven't noticed any signs of her being incompetent and I believe that she can make a legitimate case in taking her mother to court. It seems to me as though her mother just wants to keep her around for housework. However after finding out more information on this forum I will tread cautiously in this situation since it would be illegal for me to fornicate with her. My apologies if I upset anyone or came across as a bad person. I'm just a guy in search for the facts and I have found them. Thanks again.
 

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