A legal argument I have often made (never successfully) and would love to eventually appeal is whether a parent’s legal obligation to support his or her minor child should terminate as a matter of law when that child has legal and physical custody of his or her own child. Typically, this situation arises when a teenage girl bears and keeps a child born out-of-wedlock. See S.C. Code Ann. § 63-17-20(B) (Unless the court orders otherwise, the custody of an illegitimate child is solely in the natural mother unless the mother has relinquished her rights to the child). The court does not presume this teen mother is emancipated, and thus her parents’ obligation to provide her financial support doesn’t end. Instead, South Carolina courts have determined that the issue of “[w]hether a child has been emancipated depends on the facts and circumstances of each case.” Purdy v. Purdy, 353 S.C. 400, 578 S.E.2d 30 (Ct.App.2003). However, I cannot understand the logic that one can have legal and physical custody of a child without being emancipated: how can one have legal control over another’s life without having legal control of one’s own life? The family court has never accepted my logic and continues to require parents to support their minor children in circumstances in which those children have legal possession of their own children.
Thus, I was completely confounded to realize that South Carolina has a statute requiring grandparents to pay child support for their grandchildren when their own minor child bears a child out-of-wedlock. Yet S.C. Code Ann. § 63-17-350 requires:
When a child is born to parents, either or both of whom are unmarried and under eighteen years of age, the Child Support Enforcement Division of the State Department of Social Services may pursue support and maintenance of that child from one or both of the child’s maternal and paternal grandparents as long as the parent of the child is under eighteen years of age.
Evidently, this statute was an outgrowth of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (a/k/a Clinton’s welfare reform). Buried within this act, is a provision that added subsection 18 to 42 U.S.C. 666(a):
(18) Enforcement of orders against paternal or maternal grandparents. – Procedures under which, at the State’s option, any child support order enforced under this part with respect to a child of minor parents, if the custodial parent of such child is receiving assistance under the State program under part A of this subchapter, shall be enforceable, jointly and severally, against the parents of the noncustodial parent of such child.
This subsection grants states the option of collecting child support from grandparents for grandchildren if the parent is a minor. South Carolina is one of the states that has chosen to pursue this opinion. To date there are no reported cases in which South Carolina courts have ordered a grandparent to pay child support and I am unaware of any cases at the family court level. However by what due process logic can we require grandparents to support their grandchildren? Generally obligations flow from rights and grandparents have few rights regarding their grandchildren and no right to custody of their grandchildren. I’m surprised some grandparent hasn’t brought a due process defense to these grandparent child support statutes (it may be that there are so few attempts to actually make grandparents pay such child support that no due process argument has been raised).
If the logic of making a parent financially support a child who has custody of his or her own child is perplexing, the logic of making that parent support their child’s own child is stupefying. From what reasoning can such a requirement be imposed? These statutes feed my belief that the primary goal of family law isn’t family stability but merely to insure that children and dependant spouses do not become wards of the state.
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I wonder what the implications are for a 17 year old who delivers a child on Medicaid- can a parent still claim her (her natural child) as a dependent if the pregnancy is Medicad funded? Also, if grandparent claims granchild as a dependent- can s/he?- then there should be a support obligation-but in that case grandparent is prob supporting. We need a Medicaid expert and tax person to weigh in.
One certainly can’t line up the law of custody and support here. Undoubtedly legislators had something like Bristol Palin on their minds, but the reality is that girls who have babies are often out of the house most of the time, under little or no parental control.
I’ve seen DSS cases where fifteen year old girls vanished for months, living with boyfriends and showed up with a baby when they got thrown out and replaced by the baby Daddy, who after all was in this for fun, not diapers.
I’m a grandmother and I was forced to pay child support for my grand daughter. My son and his girlfriend were both under 18 at the time she was born. His girlfriend is on public assistance with her family and so the courts came after me because I work. I had to pay $797/month support for each of the 11 months until my son turned 18. It was calcuated based on my salary not my son’s. In the courts I was treated as if I was the father of the child with no regard to the circumstances or the hardships this caused me having to pay this large sum of money. My son’s father is deceased so I had to bear the brunt of this. I had to refinance my house in order to pay this or I would have ended up in jail. I could have lost my job, my house, my life. I was not the one who chose to have sex without protection but I had to pay the consequences. I feel that my rights were trampled on by the courts. I was not treated fairly nor did I have a fighting chance to change anything.
Maybe you should have told your son to keep his pecker in his pants
He probably did tell him to keep things where they should be. Teens are hard to controll. I think your remark was unncessary and tasteless, not to mention insensitive to this poor mans’s plight.
I’m sorry, but obviously you didn’t raise your son right. Perhaps you were too strict and cold with him and he rebelled, or you were too lax and failed to teach him morality. Either way, he’s you’re son, and his mistakes are a reflection of yours, and you should have to take responsibility for that. I don’t understand a grandparent who wouldn’t want to make sure that their grandchild was well taken care of and happy. I would give the shirt of my back to make sure my grandchildren were happy, healthy, well-fed ect..
PLEASE don’t pass judgment on someone’s parenting skills here. You have no clue who you are responding to and their circumstances. The best raised children can and do make mistakes. Keep your comments positive for those who may not have any other avenue to look for compassion and support.
I too have a 17 year 3 month old that got pregnant at 15 and have been told I am obligated to pay for all expenses incurred. She refuses to leave the house and bring in rude people and her boyfriend who became a squatter. I have other children in the home to look after. I have contacted social services and all I want to do is relinquish my parental rights to this ungrateful child. The police have come to my house countless times since her friends attack me yet since she is a resident minor, she can bring in whoever she wants into MY home. Where are my other children’s rights when she threatens them? This system really needs to change. If she decided to have the child with her one night stand then she should be held responsible.
I want to know if it is possible to require care for minor’s child by not only the father but the father’s parents. More than often, a teen girl gets pregnant and haves the baby. If the mom doesn’t do everything for her child, generally the mom’s family is buying diapers, formula, water, clothes… WHY is it assumed that the the minor daddy’s family do not support their grandchild living with maternal family.
Teen guy comes over and often the teen mom is grateful to have him in her life. But companionship is not stepping up. Babies require more than a body to sleep on. Teen dads don’t seem to have any responsibilities emotional, supportive, or financially AND so do his family.
Most teen mom’s have parents who with not let the baby suffer from crappy parents and pick up the slack. WHY can parents of the teen dad not held in this regard?
I would just like to add that my son fathered a child and we were told at the time the girl had a miscarriage…Almost 2yrs later she brings the child to us and there is no doubt my son is definitely the father…Unfortunately we are having to jump through hoops just to get to know my granddaughter as the young mother has to acquire her mothers permission…both of the parents are about to turn 21 and we were not included in her life sooner due to the mothers wishes. My son wants to do his part financially, emotionally and he wants to have visitation which has become an ordeal trying to gain approval from this overbearing and controlling woman…the wholr thing is frustrating not to mention heartbreaking’
My daughter had a baby at 15. The father has never really been involved very much and is more into partying than anything. My daughter and her son live with me. She is still a minor so I support her. But the father who is now 18 should have some responsability. I buy everthing for my grandson because I dont want him to go without anything. Can I ask for child support? Or does she have to do that? I tried talking to her about it but she wont listen to me. She doesnt want to ask for child support, but I am the one who is providing the nessesities for this child not her.
I want to know if there really is a way to enforce the teenage father’s parents to help support my daughter who became pregnant from their son. The teenage (16 years old) boy and my daughter (16 years old) are both responsible and my daughter is choosing to keep her baby. I am fully willing to support her and my grandchild and we have a great relationship. She is a wonderful girl and is willing to accept the responsibilities of her actions. The teenage father and his family say it was only SEX and nothing more. They are not being supportive at all and the boys parents are not holding him responsible for his part. We are in SC. I feel they should help provide for this child! However, the boys mother told me he was getting a lawyer to relinguish his rights as a father to this child. Does that make him not responsible?
He cannot relinquish his right just because he “feels” he does not want to be a father. I was in a similar situation inly 15 and him 16. He wanted to give up his rights and the state would not let him. There needs to be someone financially responsible for the child and if your daughter gets any state help, they will come after him anyways. The answer to your question is yes. You can go after his parents to support the grandchild, but be prepared to fight because they may say they don’t want anything to do with the child, but once they are forced to support him/her… you better believe that they will put up a fight to get visitations and all.
I have a 15yr old whom had a baby. Which both of them lives with me. My grandson father is a minor ad well. I try working with my grandson (father family ) at the beginning they said they was going 2 be to help support the child with me. They always crying they are broke and I don’t want 2 hear anymore if me and my family can go out here buy Pampers, wipes, anything for my grandson. Now what I did is if they don’t start chipping in with supporting then I’m going 2 take actions with legal issues obtaining child support. The father going 2 tell me u can’t do that. So what I want 2 know if I can take them for child support?
I too have a son, age 18, that got his 16 year old girlfriend pregnant. He is trying to be responsible, but is a very angry young man as he realizes the magnitude of what bringing a child into this world means. He is not 100% sure it is his child either, so plans to pursue a paternity test and legally determine child support and visitation rights. The two have split up which has put more strain on their ability to communicate in a rational manner about the baby. My husband and I have talked about whether or not we were explicit enough about the things we talked to our son about in regard to sex, relationships, marriage, and having children. If I could go back in time, I would be much more explicit. You think the values you have instilled through setting an example would be enough, but now I think not. Teens are still kids, they need to experience life out on their own before taking on the responsibilities of child rearing. As a society, I don’t think we are doing enough to educate our children about the responsibilities of being a parent; and I don’t think we are providing enough information to our children through school programs. And, yes, as a parent, it makes me feel like I wasn’t tough enough. In the end, everyone pays, so it is a societal issue we need to do a better job of addressing. Having a son that is going to potentially be a dad at age 18, I can’t express enough what an emotional issue this has been for our whole family. All of this aside, there is a child that will soon enter this world that will bring much joy.
Teen age male parents stand up! Parents of teenage males make them stand up if they’ve gotten someone pregnant. They’re just being responsible and getting a head start on the world and being a better person and father it won’t hurt.He was man enough to have sex without protection. He’s man enough to take care of this child. Stop making ongiong nice personal excuses for him. Stop blaming these teenage girls. He put them both in her, his penis and his sperm. MAKE HIM TAKE RESPONSIBILITY.!!!!!!!!!!!! IT’S NOTHING TO PLAY WITH OR RUN AWAY FROM!!!!!! Make him responsible to step to the plate so it won’t happen again. That’s the problem when it comes to teenage pregnacies. The males parents gets childish and irresponsible as their son was making the baby. A baby didn’t ask to be here. The female did not do it alone.
My son had a one night stand with a girl that became pregnant. Both 16 years old. We have has visitation with our 9 month old grandson almost every weekend since he was born. Paternity was established and we the parents of the minor father have been supporting and providing for the baby since birth. The mother is very mentally unstable and abusive to everyone around her. She uses the baby as a tool to get what she wants for her own personal use. And when we refuse to give her what she wants she keeps him from us. However anything for the baby that’s needed we provide. She’s controlling and the whole family is a very mean and dysfunctional family. She was molested by her step father whom the mother never left. Minor mom lives with her gramma who is crippled with arthritis and the minor mother makes her crippled gramma take care of the baby so she can have her bf spend the night all the time. We want joint custody or full custody but we are afraid of losing . All we want us for our grand baby to have the best chance at life for healthy growth and developments mentally and physically. She does not provide this. What are the chances of success of proving a mother unfit? We have all kinds of verification of her threatening to kill herself when she doesn’t get her way. It’s very stressful and we worry about the baby when he’s not with us. Any advice you can give would be greatly appreciated. Sincerely, broken hearted gramma