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attySince1978
attySince1978, Attorney
Category: Legal
Satisfied Customers: 931
Experience:  Attorney for 30 years with over 500 arbitrations and trials representing over 2,000 clients.
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My girlfriend just had the baby of an ex-boyfriend who was

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My girlfriend just had the baby of an ex-boyfriend who was i guess both physically and mentally abuse to her. She fears that the child will become the pawn in a weird abuse game that he plays. She wants him and his family to stay out of their life. She would like child support but not enough to make it worth possibly putting the child through that. The thing is that Aiden (it's a boy) was concieved the the act of statutory rape. He was if I am correct 20 and she 16. I read the michigan legislative website and it said that third degree criminal sexual conduct is sexual penetration of a person up to 16 years. It also seems as though there is no statute of limitations on how long before she presses charges for the offense. She has been afraid to come forward with the charges until she was more afraid for her child. Also his name is XXXXX XXXXX Aiden's birth certificate but he plans to do a DNA test to prove paternity. If she presses charges then she will get sole custody right?
Submitted: 5 years ago.
Category: Legal
Expert:  attySince1978 replied 5 years ago.
Your girlfriend could file for sole custody, child support and well as a restraining order against the ex-boyfriend. A restraining order would prevent him from coming around her and the baby, telephoning her, or attempting to make any physical contact. If he does, than he is in violation of the order and he can be arrested if your girlfriend calls the police.
Restraining orders will be issued if the Court feels that the ex-girlfriend is being abused, mentally and/or physically, by her old boyfriend. And if the Court does not issue the order than she can be injured as a result. The term used is that she is in imminent danger of being abused and injured by him if a restraining order is not issued. The restraining order will be for both her and her child. In addition, she should also seek sole custody of her baby so that the ex-boyfriend cannot snatch the child from her without suffering serious legal ramifications. She and her baby will be protected by the restraining order.

I trust that you will find my answer helpful, therefore click ACCEPT after you have read my answer. We Experts Do Not receive any credit for our legal work until you have activated the ACCEPT button. A small bonus is also appreciated. Thank you and file those legal papers as I suggested.
Customer: replied 5 years ago.
I am curious about the whole statutory rape case also.
Expert:  attySince1978 replied 5 years ago.
Most states will not charge statutory rape if the 2 parties are close in age. He was close to 20 and she 16, which, in my opinion is close in age. The girl is also close to being an adult at 18 years old.
The Court would be much more concerned if the male was over the age of 21 and the girl under the age of 15 years. If she was older, which she was at 16 years, and he was younger at 20 yrs than I am quite sure that the Courts will not show any interest in prosecuting the male especially if there was consent involved. I just don't think that the ages of the parties would justify a criminal arrest for statutory rape. I tell it the way I see it using the state of the law at the time of the act.
Customer: replied 5 years ago.
Ok that makes sense. I would rather you tell it the way you see it. Thanks
Expert:  attySince1978 replied 5 years ago.
Sometimes the law just does not seem fair to all concerned. As an attorney I see unfairness on many occasions which sometimes requires innovative lawyering.
attySince1978, Attorney
Category: Legal
Satisfied Customers: 931
Experience: Attorney for 30 years with over 500 arbitrations and trials representing over 2,000 clients.
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