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Potential Father's rights??

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KM6764

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

My brother in law has recently found out his ex-girlfriend is pregnant, and that he and one other man could potentially be the father. The other man has told her that if the child is his, he will pursue full custody, as she is fairly irresponsible as an adult and cannot care for a child. However, that is not what she wants, so she has convinced my brother in law that he is "probably" the father, because he would not take the child from her. He has been trying to get her to cooperate in a DNA test and she refuses. He also told me DNA tests are very expensive and he cannot afford one alone. My question is, what rights does my brother in law have as a 'potential' father to this child? And what rights does he have to know whether or not he is the biological father? What actions should he be taking right now and in the future when the baby is born, also regarding the birth certificate? --Thank you!
 


Just Blue

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

My brother in law has recently found out his ex-girlfriend is pregnant, and that he and one other man could potentially be the father. The other man has told her that if the child is his, he will pursue full custody, as she is fairly irresponsible as an adult and cannot care for a child. However, that is not what she wants, so she has convinced my brother in law that he is "probably" the father, because he would not take the child from her. He has been trying to get her to cooperate in a DNA test and she refuses. He also told me DNA tests are very expensive and he cannot afford one alone. My question is, what rights does my brother in law have as a 'potential' father to this child? And what rights does he have to know whether or not he is the biological father? What actions should he be taking right now and in the future when the baby is born, also regarding the birth certificate? --Thank you!
BIL Should ask his own legal questions here...If, in fact, he wants it posted on the net.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? -- New York

My brother in law has recently found out his ex-girlfriend is pregnant, and that he and one other man could potentially be the father. The other man has told her that if the child is his, he will pursue full custody, as she is fairly irresponsible as an adult and cannot care for a child. However, that is not what she wants, so she has convinced my brother in law that he is "probably" the father, because he would not take the child from her. He has been trying to get her to cooperate in a DNA test and she refuses. He also told me DNA tests are very expensive and he cannot afford one alone. My question is, what rights does my brother in law have as a 'potential' father to this child? And what rights does he have to know whether or not he is the biological father? What actions should he be taking right now and in the future when the baby is born, also regarding the birth certificate? --Thank you!
This really is a nunya situation. Also, there is no baby yet.
 

Proserpina

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

My brother in law has recently found out his ex-girlfriend is pregnant, and that he and one other man could potentially be the father. The other man has told her that if the child is his, he will pursue full custody, as she is fairly irresponsible as an adult and cannot care for a child. However, that is not what she wants, so she has convinced my brother in law that he is "probably" the father, because he would not take the child from her. He has been trying to get her to cooperate in a DNA test and she refuses. He also told me DNA tests are very expensive and he cannot afford one alone. My question is, what rights does my brother in law have as a 'potential' father to this child? And what rights does he have to know whether or not he is the biological father? What actions should he be taking right now and in the future when the baby is born, also regarding the birth certificate? --Thank you!

He didn't think of filing to establish paternity? Seriously?

That's what he needs to do, once the child is actually born.

Until there's a live birth, he'll just have to wait.
 

KM6764

Junior Member
BIL Should ask his own legal questions here...If, in fact, he wants it posted on the net.
He's been asking me to do research for him, he does not have internet access often, and everywhere I look I cannot find any information related to his situation.
 

Just Blue

Senior Member
He's been asking me to do research for him, he does not have internet access often, and everywhere I look I cannot find any information related to his situation.
sigh...Asking for "research" does not = Posting on the net. :)
 

KM6764

Junior Member
He didn't think of filing to establish paternity? Seriously?

That's what he needs to do, once the child is actually born.

Until there's a live birth, he'll just have to wait.
That's why I ask what he should do about a birth certificate. I do not know what legalities are attached to his name being on it, or him signing it, if he is or isn't the father. We're trying to sort things out before the baby is born, I feel that it'd be best the child had a father before coming into the world, instead of two men not knowing who is or isn't.
 

Proserpina

Senior Member
That's why I ask what he should do about a birth certificate. I do not know what legalities are attached to his name being on it, or him signing it, if he is or isn't the father. We're trying to sort things out before the baby is born, I feel that it'd be best the child had a father before coming into the world, instead of two men not knowing who is or isn't.
Well, how you feel matters not.

The only way to accomplish what you'd prefer, is if the parents are married.

The court will not order pre-natal DNA testing, although apparently some states will do this as an extra bonus if Mom has an amniocentesis.

Look. Your whatever he is needs to man up. If he can't get to the nearest library and/or find out info himself, he's going to get screwed 16 ways from Sunday when it comes to custody and visitation. And let's be blunt here - relatives don't get a say in anything concerning the child.
 

Silverplum

Senior Member
Well, what you have learned so far is that your wishes and opinion are of no matter, legally; that your BIL should be handling his own legal business; that Google works just fine today if you try; that there's nothing BIL can or should do until there is a live birth; and that we are a bunch of volunteers.
 
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KM6764

Junior Member
Well, what you have learned so far is that your wishes and opinion are of no matter, legally; that your BIL should be handling his own legal business; that Google works just fine today if you try; that there's nothing BIL can or should do until there is a live birth; and that we are a bunch of volunteers .
Well I'm sorry if I say you're volunteer work here has done nothing but make me feel attacked. Thank you for your time.
 
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I'mTheFather

Senior Member
Had you followed through on the link, you would have gotten this:

https://www.google.com/search?btnG=1&pws=0&q=establishing+paternity+in+new+york+state&gws_rd=ssl

The first link after the search is this:

https://www.childsupport.ny.gov/dcse/paternity_establishment.html

The second link is also helpful:

https://www.nycourts.gov/courts/nyc/family/faqs_paternity.shtml

Really isn't so difficult.
 

KM6764

Junior Member
If the baby is his he wants to pursue being the father and staying with the mother. If the child is not his, the other man will be trying for full custody. Neither of these men involved are cowarding out of this situation, mistakes were obviously made but they are trying to fix them with little to no cooperation of the mother. And no, the link does not work, it sends me to an ad to buy a google ap.
 
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Zigner

Senior Member, Non-Attorney
If the baby is his he wants to pursue being the father and staying with the mother. If the child is not his, the other man will be trying for full custody. Neither of these men involved are cowarding out of this situation, mistakes were obviously made but they are trying to fix them with little to no cooperation of the mother. And no, the link does not work, it sends me to an ad to buy a google ap.
There are none so blind as he who does not see...

You're a waste of time because you won't listen when you don't agree with what you're hearing.
 
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KM6764

Junior Member
There are none so blind as he who does not see...

You're a waste of time because you won't listen when you don't agree with what you're hearing.
Agree with what I'm hearing? Are you kidding me? I asked at least three questions and I'm literally getting nowhere beside a bunch grown adults slamming me with sarcastic and rude comments.
 
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