MY brother met a girl that was pregnant. She claimed a certain person was the dad and called him even when she was going into delivery and he wanted no part. My brother gave the baby his name and has been her daddy for 3 yrs. Now after 3 yrs the other guy claims to want a DNA test to claim his daughter. What rights does my brother have????
2006-08-21 14:49:27 · 8 answers · asked by krsd0806 1 in Politics & Government ➔ Law & Ethics
You won't like my answer. In principle, I hear what you're saying and I agree with you 100%. But the truth is, if this little girl was fathered by this other guy, they both have certain rights to get to know one another. I am in favor of the other man knowing and contributing to her life if he has since grown up and wants to take responsibility. It's NOT the best situation. The best would be for your brother and his wife to raise their daughter without her being a yo-yo. But that simply isn't the case. I'm sorry.
2006-08-21 14:56:30 · answer #1 · answered by lizardmama 6 · 0⤊ 0⤋
The suspected father has all rights to a DNA test. If the test comes back positive then not only does he have rights to see the child and be a part of the childs life he also has the right to file for custody. HOwever he also has an obligation to the state you are residing in to pay child support, including aditional child support for the 3 years that he hasnt been paying. YOu can do nothing to prevent him from getting the test done and you can do nothing about what resultd will come back from the lab regarding the situation, however, you have a great case for custody and I would start preparing.
2006-08-21 22:03:48 · answer #2 · answered by AbsintheLover 2 · 0⤊ 0⤋
that is so sad and i hope that something is worked out for your brother i don't think that legally there is anything that he can do. but if he is still with the girl all he can do is be a father to the baby and she will know who her REAL DADDY is. that guy is wrong for doing this to his child because she won't know him and she will only know your brother as her daddy. even if he tries to play dad your brother has already bonded with the baby and therefore the only dad that little girl has known.
2006-08-21 22:13:10 · answer #3 · answered by RocKsTaR 6 · 0⤊ 0⤋
ooohhh that's a good one. Well, for starters I would hire a good attorney...you could try to have your attorney stall as long as possible and maybe that man would go away...but if not, then you just have to plead the case in front of the judge, saying things like "this would be a disruption to the little girls stability" and hire a private investigator to run this mans record to prove he is unfit to be in the little girls life...dig as much dirt as you can, make a log of every dysfunctional thing he does, have plenty witnesses. But on the other hand...if this guy has turned his life around and he's willing to be a stand up guy and you are all going to be stuck working together for the rest of your lives..it's best to not be nasty and try to all get along. Good luck.
2006-08-21 22:01:24 · answer #4 · answered by Laura K 1 · 0⤊ 0⤋
Well legally I don't think any. Unless he can get a lawyer to file abandonment charges against the sperm donor. I went thru that with my son, but he acknowledges my husband ( his step) as his Daddy. When he was old enough he told the sperm donor my daddy is the man who raised me. Not you. And the saying goes
Any man can be a father, But it takes someone special to be a daddy.
2006-08-21 21:57:28 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Pretty much none, under most jurisdictions.
The paternity test is an issue relating to the well-being of the child, and possible inheritance matters for the child and the putative father.
2006-08-21 21:55:15 · answer #6 · answered by coragryph 7 · 1⤊ 1⤋
I'm not real sure but i believe your brother is about to be devastated.Just be there for him he's gonna need someone he can talk to.I would talk to a lawyer.Good luck!
2006-08-21 21:57:32 · answer #7 · answered by Desperado 5 · 0⤊ 0⤋
...the law is the law...you may not like it but he has the right to see his child...and make them back supports payments...
2006-08-21 21:56:49 · answer #8 · answered by Anonymous · 0⤊ 0⤋