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Home > Law > Family Law   »   Here's a tough one.

 
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Old Jul 29, 2007, 05:54 AM
Mikanik
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Here's a tough one.

It's a long story, but here goes...

The sister of a girl I was seeing awhile back just got in contact with me to let me know that her sister had just committed suicide last week. Along with that blow came another one.... One month ago she had our child. I was dumbfounded to say the least. I knew nothing of the pregnancy! I'm fully prepared to take the child since the sister informed me her family wants nothing to do with it...they have it in a foster home right now, but still have yet to relinquish any rights. One problem.... the mother didn't put me on the birth certificate. The sister and I are certain it's mine. How do I go about putting my name one the BC with the mother being deceased? (I live in Utah.) This is a bit of a time sensitive thing with the child being in foster care right now. I'd take the child this instant but without being listed on the BC, I assume, they aren't just going to hand over my little boy to me. Are tests needed so that I can be listed as the father? It's apparent the family will not contest this because they have no interest in the little guy, but I do. Is it enough that I and the sister are certain it's mine? Can I just go into the vital statistics division and change the BC? I'm at a loss and don't know what to do.

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Old Jul 29, 2007, 06:06 AM   #2  
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First off I would like to tell you I'm sorry to hear your situation. Second it is nice to see you are will to take on this responsibility. I think you need to see a lawyer and/or a social worker right away. I'm almost positive you will have to submit a DNA test. I'm not trying to be harsh or anything but don't get your hopes up to high it might not be yours. I wish you the best of luck.
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Old Jul 29, 2007, 06:07 AM   #3  
CaptainRich
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You might want to get a lawyer and request DNA testing. With the number of children in need of homes, I would like to thinkthe courts have seen cases like yours and have accomidations for this.

Good luck!
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Old Jul 30, 2007, 04:40 PM   #4  
s_cianci
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You'll need to file a motion with the Superior Court for your county of residence, Family Court Division, for an adjudication of paternity. You'll need to have a DNA test performed on you and the child. Once the results are made known and you produce the mother's death certificate, custody should be yours for the asking.
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