Results 1 to 3 of 3
  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Default How to Be Sure of Paternity if You Don't Want to Pay for DNA Tests

    My question involves paternity law for the State of: New York.

    Ok. So, I am doing this for my brother, because the people around him are telling him all kinds of wrong information, so I thought I would try to figure this out. Ok, my Brother's Ex-girlfriend is due in the beginning of August. She says that this child is my Brother's, but almost right after she got pregnant, it came out that she was cheating on him. So, we don't really know if this child is his or not. But when I tried to look up information about DNA tests, they were close to $1000, and he just cannot afford that. The Ex-girlfriend seems to have a bunch of wrong information as well. She told me yesterday, that she wants the baby to have her last name.

    I Know, I could be wrong, but from what I understand is that, if she gives the child HER last name, than she cannot come after my Brother for Child Support, until SHE paid to prove paternity. Also, someone told my Brother, that if he gets a DNA test done, the day the baby is born, its free.
    I never heard of this before, and couldn't find any information regarding it online. Lastly, but probably most importantly, about a week ago, an Order of Protection was put in place against my Brother. So, he cannot be in the room when she gives birth, or pretty much go anywhere around her.

    My whole family keeps telling him NOT to sign the Birth Certificate, because if this child isn't his, and he signs it, than he will have to support this child even if a DNA test is done, and the baby isn't his. Pretty much saying that he would be stuck with the Ex-girlfriend, for no reason.

    Thank you for taking the time to read this. I'm sorry it is kinda long. Just hard to shorten 1 year down like that. I hope I gave enough information though.

    Thank you again!!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Sister Trying to Get Information for My Brother,

    It has nothing to do with what she names the child - paternity must be established no matter what before child support is ordered. She can file, your brother can file, it doesn't matter.

    He has absolutely no "right" to be in the birthing room to begin with, even if there wasn't an OOP against him. It's entirely up to Mom.

    He also should not sign a darned thing WITHOUT a DNA paternity test being performed. This will take a little time (no, the hospital isn't going to perform a dna paternity test for free - that's not how it works), and once paternity is established he can file for some sort of custody, visitation and child support.

  3. #3

    Default Re: Sister Trying to Get Information for My Brother,

    Quote Quoting katiee
    View Post
    [LEFT]She told me yesterday, that she wants the baby to have her last name.
    Since she's an unmarried mother, she can give the baby any name she wants. Her own. Your brother's. The last name of her favorite movie character. The decision is 100% hers. If a father is ever established, he can bring a motion in court asking the child to have his last name, or to hyphenate the last name.


    I Know, I could be wrong, but from what I understand is that, if she gives the child HER last name, than she cannot come after my Brother for Child Support, until SHE paid to prove paternity.
    The last name means nothing. She can't come after him for support until he is recognized as the father - and that can happen either by the father willingly signing the birth certificate, or signing the acknowledgment of paternity, or by one of the parents bringing a paternity suit and the court ordering a DNA test.


    Also, someone told my Brother, that if he gets a DNA test done, the day the baby is born, its free.
    What's free? Yes the baby is free the day it's born. Slavery ended some time ago. If you're talking about the DNA test, no, they're not free.

    an Order of Protection was put in place against my Brother. So, he cannot be in the room when she gives birth, or pretty much go anywhere around her.
    Even without the order, mom doesn't have to allow him in the delivery room.



    My whole family keeps telling him NOT to sign the Birth Certificate, because if this child isn't his, and he signs it, than he will have to support this child even if a DNA test is done, and the baby isn't his. Pretty much saying that he would be stuck with the Ex-girlfriend, for no reason.
    He wouldn't be stuck with the mother, but yes, could be stuck writing a child support check every month or having his wages garnished to support a child he claimed was his. He needs to NOT sign ANYTHING unless he's gotten a paternity test. If he thinks the test is expensive, ask him to add up a couple of hundred dollars per month child support payment times 12 months times 18 years to understand that he can't afford SKIPPING a test if he wants to sign anything.

    1. Sponsored Links
       

Similar Threads

  1. Field Sobriety Tests: Field Sobriety Tests and Chemical Tests Consent
    By vassock in forum Drunk and Impaired Driving Charges
    Replies: 24
    Last Post: 12-27-2011, 05:53 PM
  2. Debt Collectors: Billed for Lab Tests
    By Sondon in forum Debts and Collections
    Replies: 1
    Last Post: 06-28-2010, 08:59 PM
  3. Establishing Paternity: Forcing Paternity Tests
    By SEden in forum Paternity Law
    Replies: 1
    Last Post: 02-17-2010, 01:17 PM
  4. Disestablishing Paternity: Paternity Tests After Divorce
    By Marine1 in forum Paternity Law
    Replies: 1
    Last Post: 03-03-2009, 12:22 PM
  5. DNA Testing: Conflicting DNA Paternity Tests
    By hodobrown in forum Paternity Law
    Replies: 4
    Last Post: 04-11-2007, 06:24 PM
 
 
Sponsored Links

Legal Help, Information and Resources