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jgreen5619 · Jan 19, 2010, 08:11 AM

Hi my name is Jazmine , I and seeking information about parental rights as a minor. I myself am 21, but my brother on the other hand is only 16, going on 1. He just had a son in December 2009, but his girlfriends mother is refusing to let him see his son. Now my father keeps insisting that there is nothing that can be done to help him get rights to see his son. I am just searching around to find out if that is true, because my brother wants to be in his sons life and he is a great caregiver and with the right opportunity he can be an outstanding father. I have a son who will be 2 this year and I think about how I would feel if someone tried to keep me from seeing him and the thought kills me. So I am just simple asking, If there is anything that my brother can do as a minor in New York state to gain rights to see his son? (by the way the mother of my brothers baby wants him to see the baby to but its her mother that is making things complicated.)

GV70 · Jan 20, 2010, 01:10 AM

Originally Posted by jgreen5619

So I am just simple asking, If there is anything that my brother can do as a minor in New York state to gain rights to see his son? (by the way the mother of my brothers baby wants him to see the baby to but its her mother that is making things complicated.)

Minor or not, an unmarried father of a child has no legal rights regarding any child until and unless he establishes paternity.

Fr_Chuck · Jan 20, 2010, 05:23 AM

First I edited out your last name for privacy issues

The thing he will need to do, is file for visitation and to establish a order of custody for the child, Since he is a minor his parent and/or guardian will have to assist him in this.

Is dad afraid of having to pay attorney fees and the such

jgreen5619 · Jan 20, 2010, 07:18 AM

Well his dad doesn't really seem to care if he can see his child or not, he just keeps telling my brother there is nothing he can do... and I don't know if I can do anything being his sister and all, and if I could help him yes I'm worried about the cost because I don't exactly make a lot of money and I have a son of my own to care for... but I can't stand to see him not have the opportunity to be in his child's life.

jgreen5619 · Jan 20, 2010, 07:19 AM

So what would he have to do to establish paternity

ScottGem · Jan 20, 2010, 07:23 AM

First question: is he on the birth certificate? If he is that gives the presumption of paternity. If not, when he files for custody/visitation, the court will order a DNA test.

But if the grandmother refuses to let him see the child, then his only option is to go to court and file for visitation.

I would contact local law schools to see if they have free clinics to advise him and help him prepare. But he will need a parent or guardian to file for him. If your parents won't support him, there may be little he can do until he turns 18.