Spring, TX asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas

Q: can my mom sue my babys father since i was 17 at the time of getting pregnant?

I got pregnant in September of 2017 and my birthday was in December so i turned 18 right before 2018 my mom has been threatening me saying if my bd ( who is 22 ) comes around to much or she feels like im letting him see the baby to much she will file a report saying he was messing with a minor ( i was 17 he was 21 at the time of getting pregnant) but since im 18 will the charge stick? Would the court make me testify? And if they would couldn’t i just say I don’t want to press charges? Need answers asap as this is stressful to me

1 Lawyer Answer
Matthew Valley
Matthew Valley
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Texas' age of consent is 17 years old-- so sex between a 17 year old and a 21 year old is fine, assuming both parties consented.

The problem is if you both had sex before you were 17. If you both did then technically he has opened himself up to being charged with a variety of felonies, 2nd degree and higher. Whether or not the district attorney 's office would file charges should it come to their attention is anyone's guess, but the possibility is there. If they did press charges they don't need your permission, they can even proceed without your assistance in many cases.

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