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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I have a 45 year old daughter that is not mine. She has

Customer Question

I have a 45 year old daughter that is not mine. She has found her biological father but he refuses to take a DNA test to confirm this. I have been DNA tested and she is not mine. She is financially destitute and cannot pay for lawyer fees. Hern biological father lives in Texas. John Derrenbacher her stepfather
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
Can you please tell me is your daughter's interest in having the bio Father noted as such because of some medical problem that she is having?
Customer: replied 1 year ago.
she has several and has applied for disability. She also feels that he should at least take a DNA to acknowledge her as his daughter She does not want any back money but she does feel that she should share in whatever his inheritance is. His son David refuses to let her talk to his father and and hers.Why,this is her brother.
Expert:  Samuel II replied 1 year ago.

If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here.

Thank you

Expert:  Samuel II replied 1 year ago.

Thank you. I suggest, she will need to Petition the Court to Order a DNA test. Unless it is for a medical necessity, the court may not order the test be done. But she can get the Petition to file for the DNA test from the clerk of the court in the state and county where he lives and she will file there. Again, she will want to be able to show how the knowledge of the biological Father is imperative to her health needs.

Otherwise, He is under no legal obligation to speak with her or cooperate with her demands.

Customer: replied 1 year ago.
What does she need to do to sue him for paternity in court. Does she go to the state of texas where he lives or in the state of florida where she resides.
Expert:  Samuel II replied 1 year ago.

As I stated, it must be filed in the Circuit/Superior Court in the state and county where he lives.

Expert:  Samuel II replied 1 year ago.

And there is no guarantee that a court will order it. She needs to show a medical necessity. And once he is served with the Petition he would be required to Respond as to why he does not feel the court should order it.