Expert: Chanel Maldonado - 4/10/2009

Question

I am posting this on behalf a friend. My friend, aged 17 at the time, impregnated a girl, aged 15 around Fall 2008. The baby is due in May. They have never been married.

At the time the two were having a good relationship. However, around January 2009, the girl was caught cheating sexually with another male 18 years of age and the two promptly split up. The girl is still with the 18 year old male.

My friend met up with the girl and her mom (her only guardian) and both signed a written contract stating that A) they would include my friend in any and all doctor visits and B) they would continue to meet together to discuss any developments with the pregnancy.

However, neither the girl nor her mom let my friend know of any of the doctor visits and discontinued the meetings and basically left my friend in the dark for a month.

Earlier this month, the girl and her mom's attorney sent a letter to my friend stating that they would press charges if my friend or any third party tried to contact them. It is also known that they are planning to say my friend was "abusive" to the girl, however there is no evidence to prove this and they are using this as justification for the girl leaving and cheating on my friend.

To add to it, they are attempting to force my friend to pay 100% child support without custody with the justification that the girl cannot support herself.

Some background information: My friend is now 18 years old, has a stable job, will graduate this year and has a home to raise the child. The girl is 15 years old, does not have a job nor the means to support the child, and has an unstable home life. Once again, the girl was caught sexually cheating.

Now the main questions are:
1) Since my friend has a stable income/home, does this work in his favor?
2) Since the girl was caught cheating on my friend, does this weigh anything in court?
3) Can they force my friend to pay 100% child support without custody?
4) Can they file a restraining order even though the girl and her mom signed a contract stating that they would keep in touch?
5) Can they say my friend was "abusive" without one drop of evidence?

Thanks in advance!

Answer
Hi Ethan
   I am very happy your friend has a friend like you. The answers to your questions is 1. The fact that he has a stable home and job will def work in his favor. He needs to make sure he states this in court or whatever child/support custody meetings they have. 2. The fact that she cheated will not make any impression for either of them. The court will not care why or if she cheated, this is about the child, not them. 3. They CANNOT force him to pay without visitation. The only way that would happen is if they were to prove him unfit, which it doesn't sound like he is. 4. They can file a restratining order, anyone can..but he should go to the police or judge with the evidence of a contract if he has a problem. 5. They can say he was abusive, but without evidence they cannot prove it and it will not matter. Take Care and make sure he points out all his good points and steers clear of putting her down. He should try to say something like, I know she is the mom but i believe i can provide everything the baby will need without problem.
                                                                Chanel