My brother's ex has said that she's pregant and it's my brother's child. There's a lot of back storyline that involves a lot of rumors (she's still stripping, she's turning tricks, there have been other guys) ... regardless, my brother is trying to do the stand up thing. So he met with her and asked for a paternity test and she refused. She also admitted to continuing to do drugs and drink.
Does anyone know what legal rights my brother would have to demand a paternity test?
2006-09-05 03:21:36 · 19 answers · asked by cutengraceless 2 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
My brother wants to make sure that if he does, in fact, have a child that is going to be his, that this child is taken care of from day one. So he's concerned about the things that she is doing to poison the child. He is prepared to fight her tooth and nail if this child is his.
2006-09-05 03:30:57 · update #1
He can legally have a paternity test as long as she wants child support. (And she sounds like the type who will file for it before the baby is even born).
He has the legal right to a test, and if he goes and asks for one, the most they can say is that he needs to wait until the baby is born (even though there are ways of finding out before the baby comes, there's a good chance she'll argue that they'll harm the baaby - I guess more than her drug and alcohol abuse).
When the baby is born, if he wants to be on the birth certificate, unless they're married he has to sign an acknowledgement of paternity. On there, it says that he will provide financial and medical support for the baby, etc. It also says that he waives his legal right to a paternity test after 30 days. So, it should be his legal right, whether he signs that or not, to have a paternity test, and he should not have to pay for it. Also, if it is his, he can then file a petition to have a court order placed so that she has to stop the drug and alcohol abuse(you'll have to find a lawyer to figure out how to do that). She would have to take regular drug and alcohol tests. I hope some of this helps. Good Luck.
2006-09-05 04:14:29 · answer #1 · answered by Angela 2 · 0⤊ 0⤋
He can get the court to order a paternity test to determine whether he is in fact the father of this baby or not. Just the fact that she refuses the paternity test would make me seriously question the possibility of it. She may just be looking for someone to help her with the baby and she may have known that your brother would've done the "right" thing and agreed to help take care of and support this child. Best of luck to your brother through this.
2006-09-05 03:30:11 · answer #2 · answered by Angelina 5 · 0⤊ 0⤋
He doesn't have to give any money to help support her until a paternity test is done. A friend of mine had a baby and the father requested a paternity test. The court granted him one with out a question. After they got the results, he agreed to pay child support. I wouldn't worry too much. Just make sure he requests one before any child support hearings or meetings are done.
2006-09-05 03:27:17 · answer #3 · answered by mine 3 · 1⤊ 0⤋
You brother has every right to a paternity test. If she is going to be diffucult about it, the best thing he can do is speak with a lawyer. Chances are he can have it arranged that she cannot put his name on the birth certificate without the test. I would definately want a test with her lifestyle. If she is doing drugs and drinking while pregnant, she needs to be reported so that the child can be protected. Actually come to think of it given her situation you may want to confirm that she is definately pg before going through any of this. She may be late on her period because of the crap she does.
2006-09-05 03:28:04 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Tell him to gire an attorney. As these things usually take time.
However if she is planning on demanding child support she will have to go thru legal channels.
If he is the father, he can ask the court to award him custody based on the mothers inability to provide a stable home. However saying that the home isnt stable is one thing, proving it quite another. These cases usually require a LOT OF MONEY.
The court can actually require her to stay clean during her pregnancy, whether or not he is the father, and if she cannot do this of her own free will she can be placed somewhere she doesnt have access to things that will harm her unborn child.
Always get legal advice from an attorny who is liscensed to practice law in your state as well as the state the mother is in.
2006-09-05 04:15:55 · answer #5 · answered by Shalamar Rue 4 · 0⤊ 0⤋
Your brother can go to court and ask the judge for a paternity test. They can't force him to pay support for a child that could belong to anyone. I admire your brother for being a man and wanting to "do the right thing", but it sounds as if this woman is bad news and promiscuous...I do not blame him for asking for a PT!
2006-09-05 03:31:30 · answer #6 · answered by **KELLEY** 6 · 0⤊ 0⤋
I would consult an attorney, and it probably depends on your state, but I believe that if he does not claim parent rights, then he does not have them, or the responsibilities that come with them; in the eyes of the law, he's just a guy. If his ex wanted to press the issue, it's probably up to her to ask a court to declare him the father for reasons of child support, etc. At that point, if a judge thinks it necessary, a paternity test could be ordered. Again, ask a lawyer to be sure.
2006-09-05 03:28:10 · answer #7 · answered by aristotle2600 3 · 0⤊ 1⤋
well if she denies a test now she cant when the kid is born. All he has to do is say he doesnt know if he is the father and the hospital will do a test. He can also leave her and go through the court cause they just go by the mothers words if that was so I think there would be plenty of problems. He can get a test and she cant deny him that right or no child support for her ***. If he leaves her that is. So sorry for your brother to have to go through something like this, unsure of his right to be a father cause some chick is messing with his head. get a lawyer it will help.
2006-09-05 03:27:30 · answer #8 · answered by lilmissnippy 3 · 0⤊ 1⤋
If he wants a paternity test he has a legal right to get one. She can't seek a dime from him until it's confirmed that that is his baby. He needs to go to the local DA's office and ask what his options are. Or he needs to go to the local child services and ask. (Here in my town the DA's office handles child support enforcement at first, then sends it on to a different agency.) There are all kinds of sites online that can give him advice on his parental rights and the way to legal recourse. Good luck to him.
2006-09-05 03:30:22 · answer #9 · answered by jenpeden 4 · 0⤊ 0⤋
Petition the court for paternity testing, there should be a family court employee at the courthose that can tell him how to start everything.
If this child survives, there may be some major deficits in its life. I would report her to DCF, if she tests positive at birth, they will remove the child from her custody.
Good Luck to your brother, tell him prevention is better than regret!
2006-09-05 03:28:31 · answer #10 · answered by Anonymous · 1⤊ 0⤋