fighting for fathers right

[steveandaaliyah]

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

Hi, My father was involved with a lady 20 years his junior. She got pregant and said that the child was his, but he always had doubts about that. They separated and he filed for divorce. She inturned filed for child support but never showed proof of a birth certificate with my fathers name on it. He requested a paternity test from the court who in turned denied his request because he admitted when doing the petition that the child was his. He went back and forth with the court and each time he was turned away. My father recently passed and i would like to know what is it that i can do to get the court to grant me a paternity test to prove that this child is my brother.

 

[Antigone*]

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

Hi, My father was involved with a lady 20 years his junior. She got pregant and said that the child was his, but he always had doubts about that. They separated and he filed for divorce. She inturned filed for child support but never showed proof of a birth certificate with my fathers name on it. He requested a paternity test from the court who in turned denied his request because he admitted when doing the petition that the child was his. He went back and forth with the court and each time he was turned away. My father recently passed and i would like to know what is it that i can do to get the court to grant me a paternity test to prove that this child is my brother.

This child is your father's son. A court of law already said so. There is nothing else for you to do.

 

[Proserpina]

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

Hi, My father was involved with a lady 20 years his junior. She got pregant and said that the child was his, but he always had doubts about that. They separated and he filed for divorce. She inturned filed for child support but never showed proof of a birth certificate with my fathers name on it. He requested a paternity test from the court who in turned denied his request because he admitted when doing the petition that the child was his. He went back and forth with the court and each time he was turned away. My father recently passed and i would like to know what is it that i can do to get the court to grant me a paternity test to prove that this child is my brother.

You don't have standing to sue for anything of that nature.

Your father is, as Tigi indicated, the child's legal father and that's really all that matters.

 

[Silverplum]

You don't have standing to sue for anything of that nature.

Your father is, as Tigi indicated, the child's legal father and that's really all that matters.

And his "right" is no longer a legal matter to protect.

 

[mistoffolees]

You don't have standing to sue for anything of that nature.

Your father is, as Tigi indicated, the child's legal father and that's really all that matters.

And even if he wasn't, it's not clear that OP would have any standing to sue to demand a DNA test for a child just to find out of they're related.

 

[LdiJ]

And even if he wasn't, it's not clear that OP would have any standing to sue to demand a DNA test for a child just to find out of they're related.

I suspect that it might have something to do with inheritance.

 

[mistoffolees]

I suspect that it might have something to do with inheritance.

Could be, but that still doesn't give OP standing to ask for a DNA test.

The child is legally Dad's. It doesn't matter what the DNA test would show. If Dad had a will, the will takes precedence. If there is no will, intestate succession rules - and Dad's LEGAL children would share whatever the law allows for children. It doesn't matter if the child was placed under a cabbage leaf by gypsies. Legally, it's Dad's child.

 

[Silverplum]

Could be, but that still doesn't give OP standing to ask for a DNA test.

The child is legally Dad's. It doesn't matter what the DNA test would show. If Dad had a will, the will takes precedence. If there is no will, intestate succession rules - and Dad's LEGAL children would share whatever the law allows for children. It doesn't matter if the child was placed under a cabbage leaf by gypsies. Legally, it's Dad's child.

And I *still* don't understand the title of the thread: WHAT about "Father's right" needs to be "fought"??? Father is passed. His "right" to anything is, quite understandably, gone.

 

[Antigone*]

And I *still* don't understand the title of the thread: WHAT about "Father's right" needs to be "fought"??? Father is passed. His "right" to anything is, quite understandably, gone.

I'm still wondering in the Bronx is now State # 51

 

[CSO286]

I'm still wondering in the Bronx is now State # 51

Happened last night sometime between my 4th and my 8th virtual Long Island Tea.

 

[mistoffolees]

And I *still* don't understand the title of the thread: WHAT about "Father's right" needs to be "fought"??? Father is passed. His "right" to anything is, quite understandably, gone.

On top of that, look at OP's name. There are two people involved. Looks like overstepping spouses have reached a new plateau.

 

[Zigner]

On top of that, look at OP's name. There are two people involved. Looks like overstepping spouses have reached a new plateau.

That's a bit of a stretch. My parents have one email account that they share that includes both names. Some time ago I read an article about couples opting to share a single email account as a sign of their faithfulness to each other...