The issue is: a teenage boy with Fetal Alcohol Syndrome impregnated a girl with cerebral palsy/severe depression. The boy's cognition is around age 9 and the girl's is slightly higher. Details on the act itself are being addressed by their school. However, the girl's mother insists if the baby does survive, that the boy's parents are to pay child support. The teens don't understand the pregnancy, what happened between them, and the possibility of being a parent. Both parents will not have an issue proving their children's disabilities and low cognitive functioning, but the child support issue is baffling.
This will be a difficult case. depending on the cognitive abilities of the parents, one set of grandparents is likely to be appointed guardians of the new child. Custody time will be set up for both sets of grandparents. Whether child support will be paid depends on many factors. A qualified family law attorney is a necessity to work through all of the issues once the child is born.
Bernie Johannes KempenDivorce / Separation LawyerSan Francisco, CA ·
Tough issue but the child is entitled to support, so someone will pay. The adult caring for this child will probably qualify for some form of public assistance or social security benefits so my guess is that the taxpayer will be on the hook here.
Specifically in answer to your question: Family Code section 3930 specifically provides: "A parent does not have the duty to suport a child of the parent's child." It sounds to me like both of the baby's parents should be receiving Social Security and should be registered with the appropriate Regional Center. If they are, the baby will likely be entitled to Social Security benefits, which will be paid to whoever ends up being the guardian of the baby. If the parents are entitled to benefits they likely are not sufficient to be subject to child support orders but if either has a trust fund or other sources of income that may be available for child support. The girl's mother can insist anything she wants but what this situation calls for is everyone contributing to a solution and not insisting on anything. You do not say how old either of these "teenagers" is but it sounds to me like neither of them had the capacity to consent to sexual relations so it is unlikely anyone is going to have any exposure criminally. I would like to remind both sets of grandparents that neither fetal alcohol syndrome nor cerebral palsy is genetic. You may have a perfectly perfect little grandchild that will be a blessing in everyone's lives. That is what I wish for all of you.
