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 substantial proof of paternity. A paternity test can be ordered by a court in the case of doubt, but only in an appropriate legal proceeding. You will have to consult a local attorney for details (see below).
On the issue of recovery of unpaid child support, you will have to contact a local attorney due to the complexity of the issue - you should do so immediately because legal deadlines called "statutes of limitations" may be about to expire - failure to take action before these deadlines expire could cause any potential case to be dismissed.
On the issue of health records, the father will probably have to consent to their release. It may be possible to force him to release them, but not without significant legal procedures and expenses on your part.
On the issue of inheritance, if the father has a will, he could legally leave all of his property to persons other than your son, if he so chooses. If the father were to die without a will, your son could potentially collect some inheritance, depending on the relevant state law (Florida law, if the father were to die in Florida without a will).
Primarily it would be advantageous for the son to establish a friendly relationship with his father through various communications, and eventually, visits. If this could be established, the other issues (other than unpaid child support) may resolve themselves. If on the other hand, hostility is the prevailing characteristic of the father-son relationship, a happy resolution of the issues is going to be extremely difficult, and expensive.
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.
