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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89090
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What rights does a man have if a woman he slept with comes

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What rights does a man have if a woman he slept with comes out pregnant and says it’s his? It’s a possibility but they were not in a relationship so she is not going to reveal if she had other partners to him. He is willing to step it up as a father if it is but can he make her take a paternity test while pregnant?

It is better to know before the baby is born so the father can be present at the child birth and also help out with appointments. Can he demand by law a paternity test? When the baby is born it is extremely important for the father to have the name on the birth certificate for legal rights.

Also let’s say the baby is not his and he has been providing financially, can he sue her for the money back? Should he document everything he gives her?

Can he take her to court being pregnant if she denies paternity test? There are many non-invasive prenatal tests. He is willing to take responsibility but is uncertain if the baby is his as they were not exclusive at the time of conception.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) Are you the mother or the father?
2) Does the father want to have connections with the child, or not, if it is his?
3) Does the mother want the child to have connections with the father, if it is his?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Hi I am a friend of the father. If the child is his yes he wants connection with the child. I do believe the mother wants the child to have connections with the father if it is his. It is a possibility the child is his they did have intercourse however they were not exclusive so he wants to know all his rights. If the baby is his he needs to make sure his name is XXXXX XXXXX birth certificate. Also not provide financially for this woman. He believes she had other partners.


 


 


 


 

Expert:  Ely replied 1 year ago.
Thank you.

First of all, understand that until the child is born, there is little to be done. Under NY Domestic Relations code, no pre-birth DNA testing is mandated. So the parents can do it voluntarily, but, it cannot be done unless the mother agrees.

Nor can child support/custody be rendered in the Court until the child is born.

In short, nothing can be done by force until the child is born.

What rights does a man have if a woman he slept with comes out pregnant and says it’s his?

None at the moment. However, once the child is born, he can petition for paternity. The Court will ask the baby to be submitted to a DNA test to see who the child is.

If the child is the father's, a custody agreement is drawn up. If the child is not the father's, then the matter is dropped.

Either party may petition for paternity to be asserted via the Court.

The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree and as for this.

One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.

Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.

Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation. Also, for newborns, the mother is normally made the custodial parent.

He is willing to step it up as a father if it is but can he make her take a paternity test while pregnant?

I am afraid not. Only once the child is born.

Can he demand by law a paternity test?

See above.

When the baby is born it is extremely important for the father to have the name on the birth certificate for legal rights.

It is, but even if he does not put his name down, if he later files for paternity and has the court order a DNA test, and is confirmed the father, then the court order may be used to amend the birth certificate and add his name.

Also let’s say the baby is not his and he has been providing financially, can he sue her for the money back?

I am afraid not.

Should he document everything he gives her?

Yes. Because if it IS his, he would get credit for it, and it generally makes him look good.

Can he take her to court being pregnant if she denies paternity test?

Not until the child is born, so no.

There are many non-invasive prenatal tests. He is willing to take responsibility but is uncertain if the baby is his as they were not exclusive at the time of conception.

This may be true, but until the child is born, the mother may not be coerced into taking a DNA test unless she agrees.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89090
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.