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26 years ago I had an affair when I was married. The other…

26 years ago I...

26 years ago I had an affair when I was married. The other person was also married. She had twins. No tests were ever made. After her husband died, she tells me that they are mine. Their birth cert's have her then husbands name. Now, after 26 years she tells me that the twins want my name. This would cause me a real grief with my marriage. Do they have the right to do that? I have remarried since and this would really be a hard blow to my new wife.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I'm in California. They are in Nebraska

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just know that she collected SS on the kids for about 14 years in her X husbands name

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Answered in 4 minutes by:
1/20/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,905
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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In order to file a case for paternity the courts generally require that the adult child (this is different than a minor child) have a compelling need to have a birth certificate amended or to establish paternity. Since a parent has no support obligations towards an adult child, there is no compelling reason as there is with a minor child.

Normally the courts will only allow a paternity test if there is an issue re: inheritance (for example an alleged parent dies intestate-i.e. no will/trust- so that the adult child may be entitled to inherit as "next of kin"). Otherwise since there is no compelling need to know, such a petition is normally denied.

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Customer reply replied 6 months ago
Thank you for getting back so soon. I give you that 5***** rating for your service.

Thank you; terribly sorry you are having to deal with this after so many years. Take care.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,905
Experience: Experienced Family Law Attorney
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