Paternity test when father is deceased

[Constance43]

My question is, how can I prove paternity of my son when his father is deceased? My son's father had 2 sons from a previous marriage, but it's pretty obvious that his ex-wife is going to be less than willing to submit her son(s) for a test (I know I can court order her to do this, but I'd rather not if I didn't have to). My son's father's mom, however (my son's paternal grandmother), is very willing to submit her DNA. Is this possible? If so, what do I have to do legally to get this done? (I am truly clueless about what steps to take to get this started.) If I do have to get a court order on the ex-wife to bring her children in, how do I get that process started? Any help with this would be greatly appreciated. Thank you so much.

 

[Duranie]

You are probably going to have to get a court order and they can possibly take teh DNA from the medical examiners office. Even testing his children is not 100% guaranteed as they have different DNA pattern than their dad. You'll have to see a family law attorney.

just curious why didn't you do this when he was alive? You probably have alot of legal expenses now to deal with since you'll likely have to hire an attorney.

 

[Constance43]

His father died when he was 2 weeks old, and I didn't find out that he had passed until some time after that. Had I known what was going to happen, I would have done it immediately after birth. I had been unable to contact him and only found out he had passed through the court when I filed for child support. Now my son would be eligible for survivors benefits, and I also think he has a right to have his father on his birth certificate.

 

[Tellingthetruth]

I agree the silly doctors and nurse staff don't even tell the family to sign a birth certificate even if you both are at the hospital when given birth. I was very young when I gave birth and I had no idea about Birth certs.

 

[Tellingthetruth]

Good luck and did you get this taken care of?

 

[Proserpina]

I agree the silly doctors and nurse staff don't even tell the family to sign a birth certificate even if you both are at the hospital when given birth. I was very young when I gave birth and I had no idea about Birth certs.

I'm responding, assuming you're not spamming the site.

First, it's not the responsibility of the hospital staff to act as legal advisers to the patients.

And secondly, you're responding to a 3-year old thread which is generally discouraged.

Be warned - if you're actually spamming the site, you will be banned.

 

[Tellingthetruth]

I'm not spamming any site and I don't even know how to spam a site Proserpina.
It's not their responsibilty. It would have been a nice helpful hint being that I was very young.
And secondly, Thanks for the tip about the not responding to a 3 year old post. I will have to remember this. I am new to responding to posts blogs and I don't know the fine lines about blogs.
No need for warning I am totally harmless.

Have a blessed day proserpina

 

[Proserpina]

Thank you

 

[army judge]

Good luck and did you get this taken care of?

Contact your local state child support agency.
They can help you establish paternity.
If the deceased person is your child's father, your child is eligible to receive social security benefits based on the father.
If you don't know where else to start,your state welfare office can point you in the right direction.