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    msliza2u's Avatar
    msliza2u Posts: 1, Reputation: 1
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    #1

    Jan 12, 2014, 11:44 PM
    Can a adult child file for paternity?
    I was 14 when I became pregnant, the father was 17. At the time, my father would have sent him to jail. I never revealed who the father was, we were in contact while he was in the Army, I had been sent to a home for unwed mothers. By the time her returned home, I had met someone else and married them. Three months later m husband was killed. When filling out necessary documents, the man helping me listed my daughter as his child along with my unborn child. That made the three of us taken care of with his benefits. When my daughter was 13 her biological father admitted to her he was her father. I never took him to court for child support so no paternity was established. She is now in her 40s and wants her birth right recognized. Is there anything I can do legally at this time to correct this?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 13, 2014, 05:03 AM
    Unless the man is willing to take a DNA test to prove this, there is nothing she can do at this time.

    Not sure what "birth right" you are talking about? At the death of this man, she can file a claim against the estate claiming to be his daughter.

    It is easier if the man will merely include her in his will
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    Jan 15, 2014, 06:14 AM
    Is her the bio father wealthy? I too am wondering what birth right you are talking about. Because she is an adult there is not a child support or visitation order to be established. You said that he told her that he was her father 30(or close to 30) years ago. Have they been in contact since? At this point if she wants to know if he really is her father she could ask him for a DNA test. But, unless she is trying to put a claim on his estate after he dies, I'm not sure why that would be needed (unless just for peace of mind).
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    Jan 15, 2014, 07:25 AM
    As the others have said... a lot depends on where this is. In most places there is no birth right to anything your parents might have... the father (this question being the father but it applies to the mother as well) can give every dime to anyone he choses in his will and she can do nothing about it. The exception being if he dies without a will and his estate if there is anything would go through probate, then if she was able to prove he was her father then she might have a claim. That however is no guarantee she would get anything even then. THere are a number of states and localities that would be very agressive in siezing those assets for their own use.....and I have known people that has happened to (one case she was wealthy but her kids never saw a dime of that, state siezed it all)....and some people that was attempted with (took expensive legal fight but the family prevailed when the county tried to sieze property - and not through eminent domain). And those cases there was never any doubt about parentage.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #5

    Jan 16, 2014, 06:19 AM
    Yes in some states , no -in other states.
    It depends on your state's laws.

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