My 23 year old has traumatic brain injury and his girlfriend got pregnant.

Asked about 1 year ago - New Milford, PA

My son will soon get a settlement from the traumatic brain injury and his girlfriend got pregnant on purpose; so she can get some of his settlement money. Is he liable for the baby? Is she able to collect even though she knew of his medical condition?

Attorney answers (12)

  1. Kevin Coluccio

    Contributor Level 20

    13

    Lawyers agree

    Answered . He would be responsible for the child. you should talk with the lawyer who handled the clam.

  2. Miguel Amador

    Contributor Level 17

    13

    Lawyers agree

    Answered . Your son will be responsible for the baby. Consult your attorney regarding the settlement proceeds and the issues related to the baby. You may need to consult a family law attorney regarding the child as well. Good luck!

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . He should get a top-rated Avvo lawyer with a low contingency fee, so he doesn't get hurt twice.

  4. Joseph Leonard Ciaccio

    Contributor Level 12

    12

    Lawyers agree

    Answered . As stated above - he would be responsible for the child, as any father would. This should be discussed with his lawyer and possibly a family law attorney.

    Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.... more
  5. Mark E. Milsop

    Contributor Level 11

    10

    Lawyers agree

    Answered . The question seems to miss the fact that you are going to have a grandchild. Regardless of the mother's motives, your son is going to have a child. Even if the mother's motives are not pure, the child should not suffer.
    Moreover, unless the conduct that gave rise to the situation was non consensual ....
    Having said that, a lawyer can help your son make sure that he is treated fairly by the family court.

    This answer contains general information only; and it is not intended as legal advice. It is not intended to and... more
  6. Michael R Varble, Esq.

    Pro

    Contributor Level 17

    11

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    Answered . If its his child, he will have to pay child support. Speak to his personal injury attorney about the proceeds of the injury claim and I would schedule a consultation with a family law attorney right away too.

    The information provided herein is for informational purposes and should not be construed to establish an attorney... more
  7. Theodor Kaplun

    Contributor Level 16

    8

    Lawyers agree

    Answered . I agree with my colleagues, my suggestion is you speak to a family lawyer and determine your sons options. Best of luck.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more
  8. John M O'Brien

    Pro

    Contributor Level 19

    9

    Lawyers agree

    1

    Answered . As stated by my colleagues, your son will be responsible for his child, he must consult with the lawyer who handles the claim regarding the settlement proceeds and he should contact a family law attorney right away.

  9. David Ian Schoen

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . The girlfriend would have no rights to the settlement proceeds, but your son would be responsible for child support. He should consult with a family law attorney to determine what he might be faced with.

  10. Josh P Tolin

    Contributor Level 19

    8

    Lawyers agree

    Answered . The girlfriend has no rights to the settlement, but your son is responsible for child support as any responsible parent is.

  11. Jeffrey P. Lowenthal

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . Yes, your son will be responsible financially for the baby. He will have to pay child support. However, it would be a good idea to retain a family law attorney to make sure he is properly represented in the case.

  12. Jeffrey Marc Levine

    Contributor Level 7

    7

    Lawyers agree

    Answered . Your son is responsible for the child and the support of the child. If his brain injury makes it impossible for him to work full time he might also be eligible for Social Security Disability, but if he is going to file he needs to know that Social Security does have deadlines and waiting to file a claim can cost him a great deal of back benefits.

    Also a child receives benefits based upon a parent's disability award and those benefits do not decrease the parent/claimant's benefits. Often those benefits are accepted by many courts as being the proper amount for child support payments.

    I assume your son has an attorney, so taking these questions directly to that person would make the most sense.

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