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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35003
Experience:  16 yrs. of experience including family law.
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I live in California and I need to establish paternity but

Customer Question

I live in California and I need to establish paternity but the father of my child recently died. His parents wont sign the paper to get his DNA for testing. What can I do???
Submitted: 7 years ago.
Category: Family Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

You can go to court. You can go to court and ask the court to order the testing. If the parents will not allow the testing the only way to force this is to go into court and request the court order it.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Customer: replied 7 years ago.
Can i file the paper work myself or do i have to have an attorney do it?
Expert:  P. Simmons replied 7 years ago.
What is the reason you need this DNA test? What is going on exactly?
Customer: replied 7 years ago.
The father and I were trying to come to an agreement about visitation and child support on our own so I never opened a case for child support. Now that he recently passed away I know my daughter is entitled to Survivors Benefits but I never put his name on the birth certificate so now I have to have a paternity test done.
Expert:  P. Simmons replied 7 years ago.
ahh...thank you. Yes, in that case you need to prove it. Strange grandparents will not support this. But if they will not, you need a lawyer. Can you file on your own? Sure...however, the adage "a man who represents himself has a fool for a client is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.
Customer: replied 7 years ago.

If I take this matter to court will the parents have to appear at hearing.What will the court do in order to get the test done.

Expert:  P. Simmons replied 7 years ago.
You need to show
1. Why this is needed AFTER death of dad (its a rare case to bring)

2. Some evidence that he is the dad.

If you can meet this burden, the court can allow this testing.

The parents can hire a lawyer to contest if they like.