we're not sure whether or not the baby is his or not because she's been acting really strange, she's about to have the baby in october and she hasn't been going to a doctor, taking vitamins, nothing, she's 18 (he's 27), but when she was in school she play softball when she was pregnant, and they were fighting too during that time, she told him she was going to try and abort the baby herself (like in that way, she's not supposed to be playing softball when she's pregnant but nobody told her school or anything), anyway, they both broke up and he has another gf now and he signed all of his rights away almost a month ago because she threatened to hurt it if he didn't, she acts crazy, when they were breaking up she would text message or call him cussing him out and all kinds of BS., she just graduated in may and moved out of state to live with her mom, we want to know if we (me and my mom) can order a dna test and hopefully get rights to see it......
2007-08-21 15:04:59 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
anyway, can my mother take her to court for visitation or grandparents rights since he singed his rights away?
2007-08-21 15:06:05 · update #1
keep your nose out of it if you can't say anything to help answer this question
2007-08-21 15:14:17 · update #2
look smartass, if I needed to be quoted I'd to wikipedia, I'm just asking a simple goddamn question, you need to get that crab out of your *** before you come back to this part of yahoo answers, I don't appreciate you being rude to me, I'm sorry I'm not as smart as you GODDESS, grow up
2007-08-22 19:12:35 · update #3
I believe your brother needs to be the one to request the DNA test. If he makes the request He would have to pay for it. They can be pretty pricey.
2007-08-22 05:29:57 · answer #1 · answered by bricegirl 1 · 1⤊ 0⤋
Neither you nor your mother have any legal standing to request anything in the matter.
As far as your brother "signing off on his rights" (for goodness sake, the child hasn't been born and paternity still hasn't been established yet!), there is no way he legally would be able to, it has to go through the Court and it is up the Judge.
Once the baby is born the girl can sue for paternity and if he is found to be the father, he will be ordered by the Court to pay child support until the child is 18 (although he would not have to seek visitation with the child; morally, he should, legally, he would not have to).
It is not up to the mother whether he can "sign away his rights", it is up to the Court which will decide what is in the best interest of the child, which will be for the biological father to pay child support, regardless of whether or not he wants visitation.
Your brother does have legal standing as the potential biological father and could sue for a DNA test and visitation regardless of the objections of the mother, again, it is the Court's discretion as to what is best for the child, not hers.
The only cases where a Judge will terminate a parent's right to the child is severe abuse, endangerment or if the parent that has custody marries/remarries and the new spouse wants to adopt the child.
2007-08-22 19:05:24 · answer #2 · answered by bottleblondemama 7 · 0⤊ 1⤋
If there is a chance this baby is yours then yes you have all rights to have a DNA test done, and farther more you have all rights to be an active roll in this baby's life.. Go and get you a lawyer and get the process started.. She cant legally adopt the baby out without the fathers signature, unless she has no idea who the baby belongs to.. Dont be afraid to step up and request a test.. I think it is great that she is willing to give her sister a child that she herself cant have, but you still need to know if it is yours or not.. Best of Luck.
2016-05-19 04:17:09 · answer #3 · answered by aurora 3 · 0⤊ 0⤋
Grandparents have relatively little or no rights. Since he signed his rights away there's nothing that can be done.
As far as getting a DNA test, yes you can do that.
2007-08-21 15:17:12 · answer #4 · answered by Glen B 6 · 0⤊ 0⤋
i believe since your brother signed his rights away to the unborn child with that goes the rights of hi family at this point the only way u would get a dna test is if the mother agreed to one out of the kindness of her heart...good luck with that
2007-08-21 15:21:06 · answer #5 · answered by AH SHIIII... 2 · 0⤊ 1⤋
I'm not able to give legal advice, however, if she is really this psycho I would try to have your brother some how retract the rights he signed over and get the baby away from her asap.
Brittney Spears has some similarities to this case, funny how you have a similar case.
2007-08-21 15:16:32 · answer #6 · answered by wk_coe 3 · 1⤊ 1⤋
That's why you shouldn't date someone 9 years younger than you (especially when she's only in high school)! drama and stupidity.
2007-08-21 15:12:09 · answer #7 · answered by elims4ever 3 · 1⤊ 2⤋
yes
2007-08-21 15:11:55 · answer #8 · answered by Man of Ideas 5 · 0⤊ 2⤋
Of course u can.
2007-08-21 22:04:23 · answer #9 · answered by Anonymous · 0⤊ 1⤋