father's rights, please HELP

I need some advice quick on paternal rights and paternal last name. My brother and his "off and on" girlfriend had their baby two days ago. Their relationship has been rocky since before she found out she was pregnant. My brother has nonetheless been there, throughout the pregnancy (along with my whole family). He bought all the nursery furniture, baby clothes, and even bought her plenty of things throughout the pregnancy. He was the one to take her to the hospital when she was in labor and has not left her or the baby's side since. So it is not like he has been "out and about". Today, his girlfriend filled out the birthcertificate paperwork and on her own (with influence from her mother I am sure) put her last name as for the baby. To say the least, my brother is greatly hurt, and so is the rest of my family. What rights does he have as far as the name goes? If she takes him to court for "official" child support(he is willing to support the child), will she have to prove/pay for a paternity test? This recent "stunt" makes him wonder if the child is really his. Please HELP!

I forgot to mention that we are in South Carolina.

If she takes him to court for support, he can request a paternity test which would put his name as the father on the birth certificate. I'm not sure about the name though.

my daughter had my grandson without marrying his father... he actually married someone else while she was pregant and it took her a year to get the first court date... but to your point... they (the attornies and prosecutor) told her she had to give the baby his last name... he does not see the child at all.. does pay support... she paid for testing.. even though she was told he would.. but it got missed int he court papers ... so I think he might have to pay for testing.. but he will get his last name..

Your brother will have to take her to court. He will probably have to take a paternity test to prove he is the father and then it is up to the judge.

I've been in that lady's shoes (the baby's mom). You sound more interested in the child's last name than anything else. I suspect there is a lot you left out of your story. Get your priorities straight!

------------------

Thanks for the input. As far as Elizabeth, I am not sure what your situation was, and am not sure what you mean as to what you think I've left out. The fact of the matter is that my brother is a willing participant and supporter of his child, and his son should have his last name. My brother's girlfriend surely did not "make" this child on her own, or got pregnant by immaculate conception. Whether or not my brother wants to be with this girl, or whether or not their relationship was a good one should have no bearing on his relationship with his son, or whether this 2 week year old baby should bear his father's name, or even whether he should be used as a pawn to manipulate and hurt my brother for whatever he did or did not do to this girl.

i am sick and tired of people thinking it is okay for a woman to use their children to get back at a man...I completely agree with you . People like the last reponse are so small minded..They are the ones asking what is wrong with our society. They need to look at themselves alittle better. No matter what your brother did or did not do shouldn't have any impact on his relationship with his son but unforuntley our society let women use their children as weapons to fire back at men... to get them to do what they want . It is awlful but it happens more than you know at it sounds like your brother is fixin to get a big dose of it . Wait and see she will use that child for all he is worth that child is now a money making machine because if she was a women who cared if that child had a daddy she would have gave him his last name . I know that is harsh but i have dealt with alot of women that are that way and i am a women .

I am wondering if the new mom is aware that father's have rights too. AFter paternity is established, daddy will have rights to see his new baby whether mom likes it or not. I have a cousin who tried the same thing. She claimed not to know who the father was, didn't put his name on the birth certificate...once he established paternity she claimed she didn't want support thinking he would not want to see his son in return. Suffice it to say her plan backfired and he is enjoying a healthy relationship with his son, has been for over 6 yrs now...I'm not sure what happened to the birth certificate. There are just certain people I don't like to associate myself with, family or not.

My son and his ex-girlfriend has a child on January 5th of this year. They were split apart by her mother when she found out she was pregnant. By the way, both are now 19 years old. My son was at the hospital when the child was born along with my wife and myself. We were all treated as if we weren't even there. Probably the worst feeling I have had in my life. They don't deny that he is the father, yet they did not list him on the birth certificate, nor give the baby his last name. My son and our family want to be an active part of this babys life and but to see the baby every Sunday, the mother has to argue with her mother in order for us to see the baby. My son is filing for a paternity test. I tell this story because I have sympathy for your brother, if what you say is true. There are so many men out there that would be happy for this to happen so they would not have to pay child support, but my son and hopefully your brother are willing to pay it, unlike most men. I hold my head up to my son for not wanting to walk away and fight to be a part of his sons life.

I have heard of someone with a similar situation, but the mother is a minor, and her mother has greatly influenced some well most of the decisions that are made by this young girl. When the young man looked into things, the girl had applied for welfare and other benefits and used them during the pregnancy, which come to find out.. if he has his name or admits to being the father, he will get hit with the back medical bills and other support that this girl and her mother received during the pregnancy without his permission. Its a horrible situation this young man faces as he wants a relationship with his child, but being a young man himself, finds it difficult enough to support himself and give the baby support without having to face those additional expenses. Please have your family check into these type matters.. it is certainly something that must be taken into consideration before pushing further

this is to TilDawn, i agree with what you say.. but in this day.. there are also mothers who are being put in the position of having their children used against them by the father. Its difficult to assume that either gender is the most abused in situations..

I dont really have advice but I have been on the mothers side of the fence(I think). I was 17 years old when my son was born. He is now 11. I choose to give him my last name,not to spite his daddy, but to keep his name the same as mine. It kept schools and other unknowns from knowing our business. For example: Knowing that I was unwed. Unfortuneately people are judgemental and I did not want this to affect my son. His father is listed on the birth certificate. As for the other comment on the father paying back medical expenses for the mother I would think ideally,although I dont know for sure, the mother should be responsible for half the expenses since she is just as responsible for the pregnancy as he is. I wish more women would be grateful for a stand up father since there are so many that are not. My sons dad owed over $10,000 in back child support and was in my areas newspaper for the top ten support offenders.That was just to my son,he owes money to 2 other women as well.He ran and my son has not seen his dad in years. I dropped the case because I dont want to be responsible for his dads' non-participation in his life. My message to the parents out there in the world: There are more important things than money and name sakes. Dont use your children to spite people otherwise they will become spiteful people. Good luck:-)

I just have to agree with those of you who state that fathers don't get the rights they deserve.

My husband is going through a similar situation, except his ex, although put his last name to his child, removed their child from the state. So now my husband is fighting for all he's worth (literally) to even see his child.

Also I might mention, that his ex is using everything in her power to use their child as a pawn to get money money money and more money from my husband. All she cares about is getting money. She doesn't give a rats you know what about the child. And the fact that she is an unfit mother (without going into a lot of explanation) makes my husband fight even harder to get primary care, even if they end up having joint custody.

I wish all of you out there fighting for this kind of thing luck. And may God bless you all.