Stemming from a strange case out of Indianapolis, Shannon Ellis became pregnant two years ago to the surprise of her family members. Supposedly, her husband had a vasectomy and they told everyone the vasectomy was reversed, thereby explaining the surprise pregnancy. This story turned out to be false. Truth be told, through DNA testing, Ellis became pregnant by a 14 year old boy. The 14 year old boy is a relative of Ellis’ husband. Ellis allegedly coaxed the boy into having sex. The two of them continued to have sex after she gave birth. Presently, Ellis is facing sexual misconduct charges with a minor and could face up to 10 years jail time.
From an Orange County divorce lawyer perspective, questions begin to arise regarding the welfare of the child. If the mother is in jail and the father is a minor, who will be the best person to care for the best interest of the child? The baby is currently in the care of Ellis’ husband. However, a child custody battle is pending between the minor’s parents and Ellis’ husband.
At this stage, I do not know how the Indiana courts will rule with respect to this type of scenario. However, from a California child custody point of view, it would make sense if guardianship proceedings are involved considering the circimstances surrounding the biological parents.