My 15 year old brother-in-law’s girlfriend just died from childbirth. Need to know what legal rights the he would have : legaladvice

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My brother-in-law and his girlfriend just had a baby. The baby is perfectly healthy, but due to complications his girlfriend has unfortunately passed away as of this morning. She was 15 as well. Now HER family is threatening to take the child and saying it’s my brother-in-law’s fault for her death because he got her pregnant (which we are assuring him it’s not his fault.) my brother in law (even though he is young) wants his child and wants to raise it. He has support of his entire side of the family as well as his dad saying he’s willing to get a lawyer over it. I’m just wondering if things are different with minors? I know if they were adults, the baby would go to the father with no question. But since he’s under 18 will things be different? (We’re in Ohio if this makes a difference)

FTThrowAway123 on April 6th, 2019 at 20:57 UTC »

Oh man, this is awful. I can see both sides here, honestly.

I imagine if my daughter got pregnant at age 15, I would be upset/disappointed with both her and her boyfriend. But if my daughter died giving birth to that child, I would be devastated. And it sounds like she did die of a complication related to childbirth, so I can see why the family feels that if she'd never met him, never gotten pregnant, or had an abortion, that this wouldn't have happened. Keep in mind that this happened today, like, hours ago. Of course her family is emotional and upset. They're grieving the death of their own child, while trying to figure out what's going to happen to their daughters child, and whether or not they'll even be allowed to be in that childs life. In their grief, they might see it as, "This teenage boy came into her life, impregnated her, and she died as a direct result. Now he wants to take the only living connection we have left of our daughter, our grandchild, and cut us out." I'm not saying this is true, I'm saying that's what they might be thinking/feeling. I think the family needs to give them some time to come to terms with the death of their daughter, before either one starts throwing around legal threats. It sounds like they're still in the hospital, so it's not like they're skipping town with the baby.

On the other hand, I can see why the boyfriend would feel extemely guilty and worried and terrified that they're going to take his child away. Especially when her family is explicitly blaming him and saying they're going to pursue custody. I wonder if he signed the birth certificate or officially acknowledged paternity before she died?

I don't even know what the best outcome would be here. Obviously, if the 15 year old boyfriend wants to raise his child, he should be able to, as long as he/his family has a means to provide for this child. I hope they are all able to cool down and reach some kind of agreement that allows them all to have a role in that childs life. I didn't see anything that said that anyone in this scenario was abusive or would be hazardous around the child, so I don't see why they couldn't come to a mutually acceptable agreement.

SheketBevakaSTFU on April 6th, 2019 at 20:43 UTC »

This is the saddest thing I've read in a hot minute.

aestheticpodcasts on April 6th, 2019 at 20:35 UTC »

As an Ohioan who's worked in a common pleas court (not as a lawyer), I'm so frustrated with all those posts like "oh if he signed the birth certificate he's the father"

THERE IS NO PRESUMPTIVE PATERNITY FOR SIGNING A BIRTH CERTIFICATE. THE COURT DOES NOT CARE. YOU MUST ESTABLISH PATERNITY IN COURT.

/Endrant