Can a 16 year old have his own attorney?

What is the name of your state? North Carolina

My daughter is 18 and her boyfriend is 16. After finding out they had had consensual sex, his parents forbade him to see her. He told my daughter his grandmother got him an attorney, and they drew up a legal document stating what he could and could not do. One of the stipulations was that he could see my daughter at their house only when they are present. The parents signed this before Christmas. On Christmas night, he was supposed to come to our house for dinner, and his parents said no. Apparently, they got into an argument. His father called my daughter's cell phone and threatened to have her prosecuted for "rape". After that, the boy and his father got into a physical altercation, the father hit the son, told him to leave and then called the police. I feel bad for him, and naturally don't want my daughter mixed up with these people. I know, however, that this is not realistic. They are using her as a tool to control him, and are harrassing her. My question is this: What can they really do to my daughter, and can a 16 year old really get an attorney on his own?
I feel like I'm in an episode of Jerry Springer! Any input would be helpful.

As the parents, they control who their minor son sees. They can have a restraining order taken out forbidding your daughter from having any contact with the son. Obviously, violating a restraining order can have bad effects.

Age of consent for North Carolina is 16 yo. Parents still control who the child sees till 18.

Thanks for your input. Can the legal document with the atty. be binding? Can I have a restraining order to keep them from calling my daughter or sending her text messages?

mlou27407 said:

Thanks for your input. Can the legal document with the atty. be binding? Can I have a restraining order to keep them from calling my daughter or sending her text messages?

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The legal document with the atty has no effect upon your daughter. If his parents don't want him anywhere near your daughter, then so be it. A contract is completely superfluous. However, generally a minor is not bound by contractual terms.


As your daughter is a legal adult, she will have to handle any issues regarding a RO. Now, what are the odds she is willing to give up her underage boyfriend?

mlou27407 said:

Thanks for your input. Can the legal document with the atty. be binding? Can I have a restraining order to keep them from calling my daughter or sending her text messages?

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Your daughter is an adult. SHE would need to look for a restraining order.

EDIT:
Sorry, Mom - looks like we were typing at the same time!

I don't think it will be easy, although I have made it very clear to her what the consequences could be. For now, she is not calling him, but he has called her twice today. She is aware that a RO is binding. By the way, If he calls her, is she still in violation? I hate that this whole thing has gotten to this point! Now that she's 18, there's not a whole lot I can do for her.

Yeah, looks like I have got to get used to her being an adult! This is not something I ever considered about her being 18. I was concerned she may get a tatoo!

Yes, if he calls her, she is still in violation. No contact means exactly that. So screen those calls!

You might point out to your daughter that her boyfriend is so immature that he is putting her in jeopardy every time he contacts her.

Nothing like loving someone all the way into a jail cell.

I understand the hard position you are in. You really don't have much legal say in this. However, does your daughter live with you or depend on your financial support? It might be worth thinking about revoking that support if she can't show the maturity and concern for her future that is warranted.

Will she be contacted if there is a restraining order? She's a high school senior who still lives at home.
Let me say that I don't believe it will actually happen. I believe his parents are just trying to use what they think will work to control him. He is their only child. I just need to know what to expect.