Legal Question in Family Law in New York
Entrapment?
My brother's girlfriend said she was on the pill, and ended up getting pregnant recently. She said the pill didn't work because she was taking antibiotics. He said there is info listed w/all prescriptions stating side effects etc... And that she should have known being on the pill & taking an antibiotic, some other protection should be used. He is just finding this out from other friends. He thinks she planned it & although not happy because of doing this behind his back. He is willing to support the baby in any way, but does not want to give her a percentage of his check to use for her because of the situation. Is there a law for ''Entrapment'' that can be looked in to? Thank you for your help.
2 Answers from Attorneys
Re: Entrapment?
No. No one entrapped him to have sex with his girlfriend. This is the chance a person takes when they choose to have sex. Assuming his girlfriend goes to term and delivers the baby, your brother is obligated under law to provide child support regardless of extenuating circumstances.
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Re: Entrapment?
This stinks - but it might be worse if the child were to have no recourse. The money is for the child and the child has the right to support, not the mother.
There are a number of ways to deal with this situation. Your friend could go for child custody and avoid support that way.
Another option, which I do not persionally endorse but it is my job to present options. Discuss abortion with the mother. There are ways to discuss this in a persuasive manner. Talk about how she will have her own nightlife constricted. Talk about the impact of pregnancy on her figure.
Entrapment is ugly. She is unlikely to be a responsible mother unbder these circumstances.
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