My son signed an acknowledgement of paternity in Ohio and died within a year of his son's 1st birthday. We are questioning the paternity. Is there a way we could fight the acknowledgement and get a dna test through the court?

Why ? Is there a large estate involved?

There is not a big estate involved and that is not the issue. We are questioning her ethics and have caught her in several lies since the death of my son. We need to know for our own peace of mind. She is also not letting us see the baby.

You as grandparents have grandparents rights and can see the child. You will need to get a good attorney to handle this for you. You may have to end up paying for the DNA test, but if it is positive, then you will have proof for the judge to grant you visitation rights.

The estate may have a right to challenge the paternity, but I am not sure the grandparents have this right since he accepted being the father.
This is be a very maybe issue depending on what state you live in ( if in the US)

As for vist rights, well that is also a state by state issue, you will have to file a motion in family court for visitation to be awarded by the court.

I do know that Ohio law provides for grandparents rights at least in divorce cases.

As for the rest, I do not know about the legalities. If your son acknowledged the paternity, it seems that he wanted to, and believed he was... I'm not sure I would want to question that decision of his.

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Originally Posted by corie1106

We are questioning the paternity. Is there a way we could fight the acknowledgement and get a dna test through the court?

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Hello corie:

I don't know what you're trying to do. It would help if I did. I don't know if you think his son ISN'T your grandchild, and that makes you happy. Or, I don't know if you think he is, and that makes you happier.

excon