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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26006
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I want to establish Paternity on my deceased Sons possible

Resolved Question:

I want to establish Paternity on my deceased Son's possible child. I do not know the name or Birth date of the child. The mother will not tell me. We currently have guardianship of their first born child.
Submitted: 10 months ago.
Category: Family Law
Expert:  Roger replied 10 months ago.

Kirk Adams :

Hi - my name is XXXXX XXXXX X'X a Family Law litigation attorney. Thanks for your question. I'll be glad to assist you.

Kirk Adams :

Do you know the name and location of the mother?

Customer:

I know Her name but do not have a true address on Her. We will be in court on the 16th for contempt charges against Her for non payment of Her court ordered child support. I do have Her Grandma's address which is where She claims to live.

Kirk Adams :

Ok. THANKS.

Kirk Adams :

What you will likely have to do is file a motion to compel against the mother, and in that motion ask the court to require her to provide the name, birthday, etc. of the child.

Kirk Adams :

Then, once you receive that information, you can file your request for genetic testing with the relevant information in hand.

Customer:

Any idea wjere I could find forms for this. We have always been pro-se.

Kirk Adams :

If you are guardians of the first child, then you should have standing to request this because IF the child is your son's, then you have a vested interest in protecting this child as well.

Kirk Adams :

I'm not aware of any forms for something like this. The local court may have a generic motion format that you can use.

Kirk Adams :

However, it's not hard to generate the document yourself.

Customer:

Yes we do. I know this is kinda of a different request. The other possible Father killed our son 2 years ago and we just recently learned She was pregnant when He died. Could I find a Motion to compel in the Texas law library.

Kirk Adams :

All you need to do is use the style of the case for the heading, label the motion as Motion to Compel and then state in the document that upon information and belief, the child belongs to your son, and you are asking the court to compel the mother to provide the information about this child - name, birthday, birth certificate, etc.

Customer:

Okay Thank You so much. I will be sure to rate immediately.

Kirk Adams :

There may be a sample motion in the law library, but I'd start with the local court to see if it has any generic forms. Also, you can contact the state bar association or even your local legal aid office. All of these resources usually have generic forms that you can use as a template.

Customer:

Fantastic

Kirk Adams :

THANK YOU for allowing me to assist, and I hope all goes well for you. Please let me know if you need anything further. Here's my link for your convenience: http://www.justanswer.com/law/expert-kirkadams/

Roger, Attorney
Category: Family Law
Satisfied Customers: 26006
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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