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Potential Father's rights??

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Proserpina

Senior Member
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.

Or read the information Father very kindly showed you from the poor, unused, lonely link I provided.


Good grief. You're not blood related to potential Dad, are you?
 
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KM6764

Junior Member
Here's where you received what you seek.
What I seek is knowledge of what rights he has a potential and not known biological father. Nobody wants to see this situation dragged out so everything hits the fan when the baby is born. I don't know why I'm being ridiculed for thinking that.
 

Silverplum

Senior Member
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.
We answered every single question.
 
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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!
Ok, I'll play along:

Q: what rights does my brother in law have as a 'potential' father to this child?
A: There is no child (yet).

Q: what rights does he have to know whether or not he is the biological father?
A: He's got the right to pursue a paternity action, which will include a court-ordered DNA test which he will likely be on the hook for. He's then got the right to request a custody and visitation schedule, as well as the right to pay support for his child, as (and if) ordered by the court.

Q: What actions should he be taking right now and in the future when the baby is born
A: He should learn to research his own options. As an alternative, he can hire an attorney.

Q: also regarding the birth certificate?
A: Huh?
 

Silverplum

Senior Member
What I seek is knowledge of what rights he has a potential and not known biological father. Nobody wants to see this situation dragged out so everything hits the fan when the baby is born. I don't know why I'm being ridiculed for thinking that.
NONE!

NO rights at all.

Zip.
Zero.
0
 

I'mTheFather

Senior Member
What I seek is knowledge of what rights he has a potential and not known biological father. Nobody wants to see this situation dragged out so everything hits the fan when the baby is born. I don't know why I'm being ridiculed for thinking that.
Very simply, the situation will have to be dragged out until the child is born. Your brother would be a fool to sign the AOP before a DNA test, and he's not going to get one before the child is born. Why is that so difficult to understand?
 

Zigner

Senior Member, Non-Attorney
What I seek is knowledge of what rights he has a potential and not known biological father. Nobody wants to see this situation dragged out so everything hits the fan when the baby is born. I don't know why I'm being ridiculed for thinking that.
You've been told several times. Until such time as there actually IS a child (you know...after birth), there is nothing he can really do. Nobody is ridiculing you for not wanting the situation dragged out, but we ARE ridiculing you for refusing to accept the fact that it's unavoidable because your BIL decided to bed a woman he's not (at least) in a committed relationship. Better yet would be for him to have been married.
 

KM6764

Junior Member
Ok, I'll play along:

Q: what rights does my brother in law have as a 'potential' father to this child?
A: There is no child (yet).

Q: what rights does he have to know whether or not he is the biological father?
A: He's got the right to pursue a paternity action, which will include a court-ordered DNA test which he will likely be on the hook for. He's then got the right to request a custody and visitation schedule, as well as the right to pay support for his child, as (and if) ordered by the court.

Q: What actions should he be taking right now and in the future when the baby is born
A: He should learn to research his own options. As an alternative, he can hire an attorney.

Q: also regarding the birth certificate?
A: Huh?


As far as the birth certificate goes I mean to ask; when the baby is born, if the mother puts his name on the certificate what exactly does that mean if they do not yet know the true biological father?
Thank you for giving me a legitimate response.
 

Zigner

Senior Member, Non-Attorney
As far as the birth certificate goes I mean to ask; when the baby is born, if the mother puts his name on the certificate what exactly does that mean if they do not yet know the true biological father?
He would have to agree to it. As stated above, he would be a fool to sign the Acknowledgement of Paternity if he doesn't know if the child is his.
Thank you for giving me a legitimate response.
You're welcome...but I merely restated the answers you (A) already received and (B) could have discovered had you merely put a few minutes in to reading the links you were provided.
 

KM6764

Junior Member
You've been told several times. Until such time as there actually IS a child (you know...after birth), there is nothing he can really do. Nobody is ridiculing you for not wanting the situation dragged out, but we ARE ridiculing you for refusing to accept the fact that it's unavoidable because your BIL decided to bed a woman he's not (at least) in a committed relationship. Better yet would be for him to have been married.
I'm not refusing to accept I'm just really unhappy about how facts are being explained to me and the manner in which they are being told. I found the rudeness and sarcasm very unnecessary. If the answer is that there is nothing to do.. somebody could have said "He has no rights, unfortunately there is nothing to be done until the baby is here." Instead I got, "You don't know how to use google?" and "Seriously? This is how you click a link" among other rude remarks insulting me for trying to help .... Seriously how is that necessary, I only asked for help and this could have gone much smoother.
 

KM6764

Junior Member
Very simply, the situation will have to be dragged out until the child is born. Your brother would be a fool to sign the AOP before a DNA test, and he's not going to get one before the child is born. Why is that so difficult to understand?
That would not have been difficult to understand if somebody could have said it without also trying to call me an idiot at the same time. I asked because we don't know.
 

Silverplum

Senior Member
I'm not refusing to accept I'm just really unhappy about how facts are being explained to me and the manner in which they are being told. I found the rudeness and sarcasm very unnecessary. If the answer is that there is nothing to do.. somebody could have said "He has no rights, unfortunately there is nothing to be done until the baby is here." Instead I got, "You don't know how to use google?" and "Seriously? This is how you click a link" among other rude remarks insulting me for trying to help .... Seriously how is that necessary, I only asked for help and this could have gone much smoother.
You could hire an attorney and ask all of your questions.

:cool:
 

Zigner

Senior Member, Non-Attorney
I was under the impression that's what this forum was built for..... asking questions..... for advice. Am I reading the link wrong?
I tried to warn you ahead of time. This really is a nunya situation. You know...nunya business. This is the brother-in-law's situation to deal with. We can't give YOU advice because you're not involved.

If your brother-in-law can't be bothered to make time to figure things out then he either needs to hire an attorney, or just sit back and let pass whatever may come to pass. There's nothing you can do for him.
 
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