Full question:
Re: Paternity. What steps should be taken for an adult son, living in California, to get legal recognition of his father who was not married to his mother. Father lives in the State of Florida. No help was ever given to aid the child. Health records were requested but never given. Future inheritance is also a consideration. I am his mother. I tried to get information but was told that my son, since he is of legal age, would have to do that. His father's name is on the birth certificate, however, there was no legal procedure (which I would do differently now that I am older that which I could not emotionally do before). It seems only fair to him, and he is willing to do so.
- Category: Paternity
- Subcategory: Court Action
- Date:
- State: California
Answer:
If the father's name is on the birth certificate, that serves as substantial proof of paternity. If there is any doubt, a court can order a paternity test, but this requires a legal proceeding. It's advisable to consult a local attorney for specific guidance.
Regarding unpaid child support, you should also consult a local attorney, as this issue can be complex. Be aware of legal deadlines, known as statutes of limitations, which could affect your case.
For health records, the father will likely need to consent to their release. While it may be possible to compel him to release them, this would involve significant legal procedures and expenses.
Concerning inheritance, if the father has a will, he can choose to leave his property to anyone, including not leaving anything to your son. If he dies without a will, your son may be entitled to some inheritance based on Florida law.
It may be beneficial for your son to establish a positive relationship with his father through communication and visits. A friendly relationship could help resolve these issues, aside from unpaid child support. Conversely, if there is hostility, resolving these matters may be more challenging and costly.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.