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.
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