Family Law (Divorce, Family Relations)/Paternity
I was recently awarded court ordered child support for my son. being that I did not attend the trial, I was just made aware that my child's father waived hs right to a paerniy test. From my understanding this means that in the event that something drastic was to happen to the father that my child would not be able to collect upon any kind of benefits that would be offered, being that paternity has not been established by a DNA test. although he acknowledges that there is no other possibility of than this child being 100% his or should I say 99.99%, how would that stand up in the court of law? Unfortunately my word wouldn't be enough. If he's dead and gone his surely wouldn't be. what can i do in his case . I would really like to establish paternity. Please help!!!
You need to review the Final Order it should include a pronouncement that the father is found to be the legal father of the child at issue. If it does the child would be able to inherit from the father at his death just as any other child of that father. The father's waiver of the right to a paternity test should have no bearing on that issue.
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Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401