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08-05-2008, 12:16 AM
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| |  suvivors rights
Mississippi<>I need to know how to go about getting suvivors rights for my son. His father was creamated and he is not on the birthcertificate. I have applied for it through social security and it was a no go. |
08-05-2008, 07:29 AM
| | Senior Member | | Join Date: Dec 2005
Posts: 20,636
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Originally Posted by mommamoon  Mississippi<>I need to know how to go about getting suvivors rights for my son. His father was creamated and he is not on the birthcertificate. I have applied for it through social security and it was a no go. | Was paternity ever established? If not, so sad, too bad too late. You should have established paternity for your son when his "father" was alive because unless it was established, your child did not have a father.
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Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all. |
08-05-2008, 08:23 AM
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Posts: 17,306
| | | IF you've maintained a good relationship with his family, and provided them access to their grandchild, they may be willing to voluntarily submit to DNA testing. Paternity CAN be established via tests of a close biological relative of the father.
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Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
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08-05-2008, 08:43 AM
| | Senior Member | | Join Date: Dec 2005
Posts: 20,636
| | | Nextwife you are correct. I just find it interesting that this man was not worthwhile to be daddy while he is alive but now that he is dead and a possible source of funds with no possibility of getting custody/visitation that he now should be considered daddy.
__________________
Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all. |
08-05-2008, 11:59 AM
| | Senior Member | | Join Date: Jan 2003
Posts: 17,306
| | Quote:
Originally Posted by Ohiogal Nextwife you are correct. I just find it interesting that this man was not worthwhile to be daddy while he is alive but now that he is dead and a possible source of funds with no possibility of getting custody/visitation that he now should be considered daddy. | Agreed.
But, my hubby's dad died while hubby was in-utero. His parents were married (and for several years) before his dad died, some months BEFORE his birth, so paternity establishment was unnecessary. However, if a dad dies before birth in a out of wedlock pregnancy, establishing paternity would be problematic.
Let's just think kind thoughts and presume this OP is in such a scenario. 
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
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