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Ask Gregory Boop Your Own Question
Gregory Boop
Gregory Boop, Lawyer (JD)
Category: Legal
Satisfied Customers: 364
Experience:  A trial attorney with a decade of experience representing people and small businesses.
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I am 51 years old and my mother had an affair with a ...

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I am 51 years old and my mother had an affair with a married man that she told me was my father now 87 years old. Although he refused to get a DNA test (because he says that he just wanted to keep things just the way they are between us), I have been talking to him and seeing him for the past 7 years. He had 2 sons older than me (now dead) and 2 daughters now living through that marriage who are younger than me, ages 47, and 49 years. They have threatened me and demanding that I stay away from their father. They have said that I have no proof that he is my father and that my mother is dead. I said to them that we could get a DNA test to settle this but they have refused to agree. I would like to know if I could proceed with a court ordered paternity test to settle this question despite the fact that they all refuse to and have now demanded that I stay away from my father who wants me to continue to see him. I feel that he is afraid of his daughters reaction to him due to his age.

You will not be able to secure a paternity test. You may not need one if the 87 year old is listed on your birth certificate (generally, that is per se proof) as father. Also, if you find out the blood types of your mother and presumed father with rH factor you can narrow it down a good deal.

If you want to pursue, you can attempt to get a court order. But, in all liklihood it will not be granted. If your interest is inheritance, then upon death you can make a claim with the probate court. Both are expensive and time consuming propositions.

If the 87 year old is not under a guardianship, he can see and speak to whomever he wants including you. They have no right, absent a guardianship, to direct his life in that manner. Ignore them. Now if the 87 year old does not want to speak with you - well, let it go.
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Customer: replied 9 years ago.
Although I am not interested in any of his material possessions, one of his daughters, said that she was in control of everything he has but I don't know if that includes guardianship. His 52 year old girlfriend lives with him.