Family Law (Divorce, Family Relations)/Paternity

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Question
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!!!

Answer
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.


I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
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Family Law (Divorce, Family Relations)

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Dan Bachert

Expertise

I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.

Experience

Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Organizations
Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Education/Credentials
Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

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