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Legal Ease
Legal Ease, Lawyer
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Long story short my friend was told by a girl he had a one

Resolved Question:

Long story short my friend was told by a girl he had a one night stand with (who ensured him she was on birth control, he also used a condom) that she was pregnant and it was too late for abortion (which he found out afterwards was not true since at the time she was not yet 10 weeks in). She claims he's the dad, said she'd go through the pregnancy on her own and was not asking anything from him. Now that she gave birth she reappeared and says she'll be in touch for him to take his responsibilities. He made it clear at the time of the announcement that he did not want the kid, that abortion or adoption were two valuable options but according to him she is young and might be looking for someone to provide for her as he has a good job, a home and a car, etc.
What are his legal responsibilities, what should he do if he does not want her to take half of everything he owns and worked hard to get?
Submitted: 4 years ago.
Category: Canada Law
Expert:  Legal Ease replied 4 years ago.

Debra Thal (username) :

It was her choice to have an abortion or not and not his.

Debra Thal (username) :

And she cannot be compelled to place a child for adoption of course.

Debra Thal (username) :

If this is his child then he has to support this child until the child becomes a financially independent adult.

Debra Thal (username) :

It's not relevant what she did nor what he wants.

Debra Thal (username) :

Support is the legal right of the child.

Debra Thal (username) :

He also has the same rights as any parent to custody or access.

Debra Thal (username) :

And she cannot take half of what he has.

Debra Thal (username) :

If the baby lives with her then child support has no affect on his assets.

Debra Thal (username) :

It's based on his income and the law sets exactly what he must pay.

Customer:

i see... so she has no right over his house or nothing but whatever contribution he will need to pay for the child will be based on his present salary, correctÉ

Customer:

?

Debra Thal (username) :

She has no rights over his house or any assets.

Customer:

what if he is not 100% sure he's the dad, since contraception was used and she did admit having sexual intercourse with other men the one time they met?

Debra Thal (username) :

Support will always be based on his income.

Debra Thal (username) :

They will need to a paternity test.

Debra Thal (username) :

If she does not agree the Court will order it.

Customer:

will she have to request for it for him to pay for child support?

Debra Thal (username) :

No but he can request it.

Customer:

so the fact that she may have lied about using birth control will not change anything for him?

Debra Thal (username) :

Nothing because it's not about her. It's about the baby.

Debra Thal (username) :

The baby is innocent no matter what.

Customer:

I see. So the paternity test may pretty much be his only way out of legal fees now that the baby girl is born, am I getting this right?

Debra Thal (username) :

You mean out of child support, yet.

Debra Thal (username) :

The only time he would not be liable for support is if another man adopts the baby.

Debra Thal (username) :

yes

Customer:

ok. I think that answers most of the questions I had

Customer:

where can I find more information about child support and paternity tests?

Debra Thal (username) :

What province is this?

Customer:

BC

Debra Thal (username) :

Let me make a couple of suggestions.

Debra Thal (username) :

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

And you can get some help here too:

http://www.ag.gov.bc.ca/family-justice/help/counsellors/index.htm

And this is a good site to review:

http://www.bcfamilylawresource.com/

Customer:

thank you very much for the information

Debra Thal (username) :

You are very welcome.

Customer:

so is it possible for me from this website to print your answer for my question?

Debra Thal (username) :

Yes it is and I can also have the site send you an email of the chat log.

Customer:

I would love that, my friend is very much caught up with work and I promised him to research the subject for him, it would be nice for him to read your input on the matter discussed

Customer:

so getting it in an email would be ideal!

Debra Thal (username) :

I will send the site a message as soon as the chat ends.

Customer:

thanks again!

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