My little sis has a heart as big as Texas, but apparently common sence the size of Delaware. She met and fell in love with a guy, without knowing the full story of his past: He is married and has 2 kids which he left in Florida a few years back. AND, to make matters worse, it appears he left Florida in order to avoid answering some arrest warrents and, therefore, can't really return to even try to work it out concerning the children . . one has Down's Syndrome, to top it off. Now my sister has just come to me and informed me she is pregnant. Firstly, without knowing whose side the genes for DS run, what are the chances of a DS baby, if it is indeed her beau's side? Secondly, since we talk of pregnancy here, and I don't see a law/advice section (could've missed it I am kind of frustrated presently) she told him that she wants to file for full custody "because what if someoene does locate you and you are carted off to jail" - he still has yet to tell us what the real story is, but even tickets at this time (2-3 years) could result in an arrest. Considering he is already married, would that work for, or against, her in filing for full custody. Does a man who concieves a child in adultry have the same rights to the child as a "free" man? Their relationship is volitile and half of his friends are druggies (dealers or users). My sister's emotions are too tied up to cut it clean and now being pregnant. . anyone have any advice. She is not a slut, just really dense and very naieve and trusting. I think that is what got her in this situation to start with.

Man what a mess your sister has gotten herself in! But what a wonderful brother you must be to try to look out for her best interest.
I have a few tidbits of info for you. First of all, Down's Syndrome is caused by an extra chromosome 21 (thus the name Trisomy 21) which can be derived from EITHER parent but most commonly the mother. There is a definite link with advanced maternal age, however, most babies with Down's syndrome are born to women under the age of 35.
Secondly, regardless as to whether a man is married or not, once a child is conceived he is soley responsible for that child and continues to have all rights to that child. She would need to have a court order drawn up to prevent him from visitation. And legally he will have to pay child support - whether she wants him to or not.
Your sis is going to need a lot of legal advice with this situation I am afraid. Please don't let her give up on this and make sure she follows through with paternity testing and legal council.

This is a rather involved q. Multiple states and multiple facets to this. Health issues, support issues, adultry issues. You really need to talk to an attorney. Many will do a free consultation but even if you have to pay this is one time you and your sister will get your moneys worth. At least find out what her legal position(s) are.

Absolutely, speak to an attorney.. one who specializes with inter-state legal issues regarding paternity and child-custody issues. I am sure that there have to be lawyers out there since there HAS to be a lot of this sort of thing happening now a days.

I don't know much about the health side of the issue, but make sure she talks to an attorney, immediately. She needs to figure out what she can and can't do, legally, BEFORE she gives birth -if she wants to continue the pregnancy, that is.
It may not be an option to her, but she may want to consider terminating. If this man is a fugitive from the law, he could be very dangerous to her and her child. I don't know that she ought to bring a child into the world in this situation. I'm not trying to be heartless, I'm just thinking that things would be a lot easier if there was no baby in the picture.

Maybe I can contribute something here. Even if the usual 'joint custody' is adjudged - assuming it has to be decided at court - there will continue to be one 'domiciliary parent', and nearly always it will be the mother, barring some reason why she is not fit.
Also, I don't believe it is correct that he will be obliged to pay support whether she wants it or not. That would be true only if the child receives public assistance, such as welfare or medical support. Otherwise, she would have to request support services from the local child support enforcement agency, or a support order from the proper court. And, if this is a non-legal baby, paternity will have to be established first, either by his signing an acknowledgement of paternity or by genetic testing.
Different states might address these matters differently.

quote:

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Originally posted by Georgia85:
There is a definite link with advanced maternal age, however, most babies with Down's syndrome are born to women under the age of 35.

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Georgia, are you sure about this??? I'm currently taking a child development class and we talked about Trisomy this week. I thought that women OVER the age of 35 are more likely to give birth to children with Down Syndrome??

here is a link that addresses Downs.
I didn't know as much about it as I thought I did.

click here



as far as the original post, talking to a lawyer would be very wise.

Yup OG...I'm pretty sure my facts are right. Granted it has been some time since I studied genetics but I tend to have a good memory when it involves something I am interested in. I do, however have college and medical textbooks where I can go to verify this...but looks like LVLF posted a site that validates my info.

Child Development class huh? Yeah, I had to take that one too for my Psychology degree. I'm sure you will enjoy it!