More details to this question:
This girl had a baby and claimed it was between two guys. The paternity test said it came out to be mine but I don't remember ever even meeting her. She admitted to me being drunk and her being sober. I'm wondering if there is something I can do because she wants me to pay child support and yet I have no remembered of this even happening. I also thought I remember in high school that in that situation it is considered rape.
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I am not certain that I understand the gist of your question. Generally, if you have fathered a child you will be responsible for its support and have knowledge of parental obligations but also parental rights. If you're asking whether or not a woman involved could potentially be prosecuted for rape given your drunken state the time of the impregnation, I would suggest that you see an attorney and provide all of the details. It is doubtful that you will be relieved of your parental rights and obligations even if there is an allegation that you were raped.
Answered on Apr 04th, 2013 at 2:28 AM
Michael J. Breczinski
Yes the situation is considered rape and she can go to prison for it, However you are still the father and have to support the child.
Answered on Apr 04th, 2013 at 1:22 AM
James Edward Smith
The DNA is going to make it difficult for you to fight it.
Answered on Apr 03rd, 2013 at 2:17 PM
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Yes, it could be considered rape. However, that does not necessarily mean that a prosecutor will charge her. You may want to hire a family law attorney to contest paternity on the ground of non-consent.
Answered on Apr 03rd, 2013 at 2:17 PM
If she was sober and you were not, then it is possible you were the one who could not consent. It is not only females who can be raped. That said, the child had even less say in who would be the parents.
Answered on Apr 03rd, 2013 at 2:17 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't say how old you are. If you are over 18, it is highly unlikely that you would have any chance of arguing rape. Sounds to me like your going to be paying child support for a long time. I would still advise you to contact an attorney.
Answered on Apr 03rd, 2013 at 2:17 PM