Legal Question in Family Law in Michigan

Wanting to do what's best for the child

My son has been financially supporting his girlfriend since he found out that she was pregnant. It had been his desire to use protection while with her, but she would refuse to let him ''finish what she had started'' if he used protection. Isn't this a form of entrapment?

He recently told her to move back to her mother's home because he found out that the child that she is carrying may not be his. There is another man claiming responsibility to this child, and she admits that she doesn't know who the father is. The girlfriend, as well as her family have a history of mental and emotional issues that are a cause for concern to us if this child belongs to my son, and we are interested in knowing if sending her back to her mother's house will hurt his chances of obtaining physical custody if, in fact, this baby is his. He has no interest in persuing any further relationship with the baby's mother due to the continuous infidelity.


Asked on 5/18/08, 5:13 pm

2 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Wanting to do what's best for the child

It takes two to tango. I've had a judge say that to a 19 year old girl who got pregnant by a 43 year old man, so the judge would certainly say it to your son. Each person is responsible for their own actions.

I strongly suggest a paternity test in this case, which can be ordered by the court if the mother does not voluntarily present the child for a paternity test.

"Sending her back" to her mother's house will not really hurt his changes of custody, should it be determined after birth that the child is his (since there is no way to know for sure right now). He may have to be the responsible one and step up and start a civil action to establish paternity, and then visitation, custody, and support (if it's his), which will demonstrate strongly that he is trying to do what is right.

His relationship or non-relationship with the girlfriend/ex-girlfriend cannot interfere with his relationship with the child, again, assuming it is his. The Ex will always be the child's mother, and he will just have to deal with it. THe child comes first, as you said in your subject line.

If you need a family law lawyer, please contact me.

Thank you.

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Answered on 5/27/08, 9:36 pm

Re: Wanting to do what's best for the child

Hire an experienced family law attorney to obtain a court order for paternity testing.

I recommend Attorney Brandy Thompson. Phone her in Lansing at 8861000.

For more information, go to:

www.MidMichiganDivorce.com

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Answered on 5/18/08, 5:49 pm


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