Fatal accident settlements

[Carlie1708]

What is the name of your state (only U.S. law)?

 

[Carlie1708]

I am in Texas.

 

[Carlie1708]

My question is how does an attorney award settlement to persons who claim to be a biological parent without any DNA documentation?

 

[quincy]

My question is how does an attorney award settlement to persons who claim to be a biological parent without any DNA documentation?

An attorney does not award settlement amounts.

A person is not identified as a parent solely by DNA. For example, a person who adopts does not share DNA with their child but this does not make the person any less the child's parent.

Could you please offer a bit more in the way of explanation?

Thanks.

 

[LdiJ]

An attorney does not award settlement amounts.

A person is not identified as a parent solely by DNA. For example, a person who adopts does not share DNA with their child but this does not make the person any less the child's parent.

Could you please offer a bit more in the way of explanation?

Thanks.

And a parent who is on the birth certificate is a legal parent no matter what the DNA might say.

 

[Carlie1708]

I have a court order from attorney general stating (mark) is my son's biological father. When I found out I was pregnant, I was in relations with (adam). (Adam) stated he was sterile and it belonged to (mark). (Mark) accepted the child. My son was killed in a motorcycle accident by a drunk driver at the age of 28. Adam now claims to be the biological father and wants to claim half of the monies from the insurance claim.

 

[Carlie1708]

I am the only name on the birth certificate

 

[quincy]

I have a court order from attorney general stating (mark) is my son's biological father. When I found out I was pregnant, I was in relations with (adam). (Adam) stated he was sterile and it belonged to (mark). (Mark) accepted the child. My son was killed in a motorcycle accident by a drunk driver at the age of 28. Adam now claims to be the biological father and wants to claim half of the monies from the insurance claim.

Were you married to Mark at the time of your son's birth?

 

[Carlie1708]

Never married. Neither participated in raising.

 

[Carlie1708]

Mark did pay some child support in the early years. Neither pitched in to lay him to rest. And only Adam wants a piece of the pie.

 

[ecmst12]

If there's a court order declaring one of them the legal father, than the other has no claim. If there's no court order and only one name on the BC, then neither has a claim.

 

[ecmst12]

Also, very sorry for your loss

 

[Carlie1708]

My attorney says my documents from attorney general stating mark is the father does not matter. That Adam IS entitled to half because he IS the father. No parent-child paternity has ever been done with Adam. What do I do?

 

[Zigner]

My attorney says my documents from attorney general stating mark is the father does not matter. That Adam IS entitled to half because he IS the father. No parent-child paternity has ever been done with Adam. What do I do?

Ask your attorney for further explanation. If you don't trust what your attorney is telling you, seek a second opinion from a different attorney.

 

[Carlie1708]

He repeatedly told me that Adam was the father. I repeatedly said "how? Parent-child paternity hasn't been established." That my court order was trash & didn't matter. Said that if I dropped the case then Adam would get all the money. If I had him put the money into the registry the judge would give him half. If my court order was useless then why does Texas have chapters and codes? He also implied that I was sleeping with a bunch of guys! Adam told him lies to make himself look good. His family works with the judges in my county. I'm hurt, angry and furious