I totally opened this thread thinking it was something on a completely different level... Forgive me I am a naughty girl lol Originally Posted by Naughty_JezabelleMe too! LOL.
If you're talking legally, here goes (I'm going to miss a few points):-----------------------------------------------
I know I didn't get it all, but those are the main points. Bottom line, he's up shit creek and his SO will find out. Originally Posted by charlestudor2005
- The law doesn't care how she got pregnant, if there is sufficient evidence to show he is the father, then he'll be ordered to pay child support. DNA tests will probably be conclusive, although in a lot of jurisdictions if he confess the child is his, that is sufficient.
- The law assumes both are taking care of birth control issues. No more trick babies.
- No, donations don't count toward child support. Child support is an issue all its own, and most courts now enter an order to the non-custodial parent's employer for an automatic withdrawal. If he wants to keep seeing her, it's on his own dime and separate from child support.
- He doesn't have to see the kid, ever. But he still has to pay.
- You don't need a divorce since you were never married. Either of them can sue for paternity. And either can ask for custody.
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The same would apply for a one night stand with a civilian. It does not matter how it happens, the guy can/will be held financially responsible. I guess my question is does she want financial support for the baby from the client in question? If she does, then she would need to take him to court to establish paternity and get an order of child support done by the court. However, if that happens, then he would have certain parental rights to the child. He could ask the court for primary custody, joint legal custody, visitation. I am not sure how a court would rule on such a case because depending on the state the case would be held in, they may have to look at "Albright Factors" in deciding primary custody. This terminology is almost certainly from a case in the State in which you live. That case would not be controlling in another state. Each state would have its own controlling case. Having said that, the items you list below would be the items considered by any court in any state with few variations.
The factors used to determine what is in the "best interests" of a child with regard to custody are: (1) age, health and sex of the child; (2) determination of the parent that had the continuity of care prior to the separation; (3) which parent has the best parenting skills and which has the willingness and capacity to provide primary child care; (4) the employment of the parent and responsibilities of that employment; (5) physical and mental health and age of the parents; (6) emotional ties of the parent and child; (7) moral fitness of the parents; (8) the home, school and community record of the child; (9) the preference of the child at the age sufficient to express a preference by law; (10) stability of home environment and employment of each parent; and (11) other factors relevant to the parent-child relationship.
If the court decides he can provide a better environment and the client gets primary custody, then she may have to pay him child support and only get visitation herself. Many courts these days no longer automatically give primary custody to the mother. I know a few guys that have custody of their children after divorce. Of course, the people I know have ex-wives that had "issues", etc that helped them to gain custody. Of course, he is as free as she is to bring a paternity action (if he finds out she's pregnant or has had a child). In some states, he can file an affidavit of paternity which is binding, subject to being successfully challenged.
If she is going to keep the baby and does not want the guy to have any part of the babies life, she should probably just bite the bullet and raise the baby herself. If she wants the support, she has to put up with the guy in her and the babies life possibly forever. Unless he wants to only have a financial role and not a relationshiop role with the child.
Boy, I would not want to be in that situation for either party. It seems to be a lose, lose no matter what happens. You can't blame the baby though. It is an innocent bystander.
Last question.
Has she informed the client of what happened? If so, what did he say or do?
Originally Posted by coast_encounter
Thanks for elaborating CT. Are any other facts known about the people involved? I sure would love to hear how this one turns out in the end. Originally Posted by coast_encounter
If a man fathers a providers child/children does that make him a daddy or client? does his gift count as child support? Originally Posted by Irish VixenWithout knowing all the details and what state this happened, a worst case scenario would be she goes to court to get child support, he in turn reveals her line of work, which could lose her custody and in this day and age of equality, get HER ordered to pay CS.
The whole situation the drizzling #?*!s, the whole beauty of the hobby is the lack of commitment and obligation. Charlestudor, you are spot on. Time does not resolve him of the obligation either. Should the mother wait until the child is 16, she can then have a change of heart and sue for the back child support. Talk about a surprise, 16 years after an encounter getting a certified letter. Try and explain that away! Originally Posted by The Big Kahuna
I didn't know that the morning after pill was a non-prescription drug. Interesting.Having working in a pharmacy (mostly in Texas) for many years now the morning after pill is non-prescription (here but there are federal and state laws) if the person buying it is over 18, under 18 does require a prescription. Kinda seems like whats the point, but it is what it is.
Liz Originally Posted by ElisabethWhispers