Son's father died before Paternity was established

[cheriann22]

What is the name of your state? IA

I am not sure if this is the right board to go to or not, but I thought I would give it a try. My son's father and I had broken up before I found out I was pregnant. 2 months before I have my son, the father is killed in a car accident by a drunk driver. While I have always been interested in getting him established as the father, it is a bit of a difficult situation. My son's father was from Africa, where his parent's currently reside; so I can't "make" them take any sort of paternity test. While he hadn't been working very long in the country when he was killed; I am unsure of the Social Security benefits. Also, the man who killed my son's father was driving drunk, and the trial was just concluded in August. The guy has to pay $150,000 to the estate. My son's father, however, was married at the time of the acciden't to get his citizenship, or so he says. So now what? Is hiring a lawyer to do all this really worth it? Is my son entitled to anything? I really don't have the money to hire a lawyer, since the only source of income is mine. This is probably a bit jumbled up, but hopefully I have it as clear as I can make it. Thanks in advance for any advice. Cheri

[seniorjudge]

Originally Posted by cheriann22

What is the name of your state? IA

I am not sure if this is the right board to go to or not, but I thought I would give it a try. My son's father and I had broken up before I found out I was pregnant. 2 months before I have my son, the father is killed in a car accident by a drunk driver. While I have always been interested in getting him established as the father, it is a bit of a difficult situation. My son's father was from Africa, where his parent's currently reside; so I can't "make" them take any sort of paternity test. While he hadn't been working very long in the country when he was killed; I am unsure of the Social Security benefits. Also, the man who killed my son's father was driving drunk, and the trial was just concluded in August. The guy has to pay $150,000 to the estate. My son's father, however, was married at the time of the acciden't to get his citizenship, or so he says. So now what? Is hiring a lawyer to do all this really worth it? Is my son entitled to anything? I really don't have the money to hire a lawyer, since the only source of income is mine. This is probably a bit jumbled up, but hopefully I have it as clear as I can make it. Thanks in advance for any advice. Cheri

Do you have any DNA of the deceased? (A hairbrush he used, for example.)

If so, you may be able to start paternity proceedings if a DNA test showed he was the father.

You definitely need a lawyer on this one.

[cheriann22]

I don't have anything of his. I was told by someone that if he has ever taken a blood test they could compare it. Is that true?

Also, how do I afford a lawyer? I doutb this is something with Legal Aid's realm. I suppose it would be worth it in the end, but I don't know how much to expect to pay for this.

Cheri

[seniorjudge]

Originally Posted by cheriann22

I don't have anything of his. I was told by someone that if he has ever taken a blood test they could compare it. Is that true?

Also, how do I afford a lawyer? I doutb this is something with Legal Aid's realm. I suppose it would be worth it in the end, but I don't know how much to expect to pay for this.

Cheri

A blood test would obviously still yield DNA info. If he ever had a blood test and that is still around, it may help.

Ask Legal Aid for help. If they will not help, go to the child support enforcement unit in your state.

Go to the courthouse and start asking questions about who and where you should get ahold of people.

[rmet4nzkx]

If there was an autopsy, there could be some samples of DNA. If you can speak to the attorney from the lawsuit, did they know if the existance of the child? You might contact his parents even if they are in Africa they may cooporate with a DNA test.