Paternity and Child Support

[Queenzer]

What is the name of your state (only U.S. law)? New York


I'm looking for advice to help out my brother.

Here's the situation:

His ex-girlfriend is due on Sept. 8, 2008. (They were never married nor engaged, they lived with each other for under 5 years.) She claims it is his. He claims that he has not been with her since the 2nd week of November, thus impossible for the baby to be his. Obviously one of them is not telling the truth. One day she's saying she's putting is name on the brith certificate, the next day she says that she's not.

I've been trying to do so reasearch online, but am unable to find exactly what I'm looking for. What right's does my brother have? Obviously a Paternity test is a must. And no matter what, even if it's just piece of mind, we all need to know if indeed my brother is the father. I've been told that that is up to the mother to have the test done. Is this true, or can the suspected father have this done? Does his name have to be on the birth certificate in order to ask for a paternity test? And then if it's not his, how diffucult is it to have he name removed from the brith certificate?

The second part of the question is, what happens in the meantime with child support. If he is saying that he IS NOT the father, can she still put his name on the birth certificate and expect Child Support from him? And what happens if he does not pay the child support?

Last note. According to the NYS DSCE, unmarried parents establish paternity one of 2 ways: Signing a voluntary form called an Acknowledgment of Paternity (available from hospitals, local district child support offices, and local birth registrars); or Filing a court petition to have the court determine paternity. Can the mother put his name on the birth certificate withoout his knowledge? Thus holding him accountable for support?

It's a very touchy situation with in the family, and hard to talk about it. But I'm looking for a few answers and sound advice. September is only 2 months away. Thank you for you help/advice in advance.

[LdiJ]

Either party can file in court for a paternity determination, and DNA test.

[Humusluvr]

Originally Posted by Queenzer

Last note. According to the NYS DSCE, unmarried parents establish paternity one of 2 ways: Signing a voluntary form called an Acknowledgment of Paternity (available from hospitals, local district child support offices, and local birth registrars); or Filing a court petition to have the court determine paternity. Can the mother put his name on the birth certificate withoout his knowledge? Thus holding him accountable for support?

As soon as the baby is born, he should file for paternity/support/visitation. The court will order a DNA test, and he will either be the father or not. If yes - he will have to pay support and will receive visitation rights. If not, he will not be placed on the BC. Since she is not married to him, there either has to be an AOP or a DNA test. She cannot get support from him just because she says so. She has to follow the proper channels also.

I would be proactive on this one. File first.