Disestablishing Paternity: Paternity Issue

vendredi 27 mars 2015

My question involves paternity law for the State of: GEORGIA IS THE STATE OF BIRTH, SOUTH CAROLINA IS WHERE WE RESIDED



I have a question about a situation that I am currently dealing with. I had a child back in 2005 and sadly with great embarrassment that I admit this, I slept with two people on the same date that turned out to be the date of conception. I spoke with both fathers and notified them both of their chances of being the father. One of them told me verbally that they had just met me and wanted me to have an abortion and if I didn't, he would terminate his rights if he turned out to be the father because he did not know me and did not want to hitch his wagon to me and be stuck with me for the rest of his life. The other potential father stepped up and said that he would support me emotionally throughout the pregnancy, but if the child came out and was not his, he would leave me at the hospital. This presumed father is asian and I am caucasian. The child was born and he had zero asian features. When it boiled down to signing the birth certificate, I asked him if he wanted to do a DNA test before he signed. He said that he was all this child knew and that he bonded with him when he was in my belly. He is his father regardless. We lived together for only a year the child and I and father that claimed him. He had ample opportunities to request a DNA test, but never did. We got engaged, and shortly thereafter "our son" got very sick with what they believed to be a genetic disorder. The disorder though was only known to be inherited through the maternal DNA (it was a presumed mito disorder). Long story short, "our son" passed away. Shortly after his death, the "father" and I called off our engagement.

It has been 7 years now and I am just now finding out that our son was misdiagnosed and we are eligible for a huge lawsuit for wrongful death. My concern is that "the father" is going to try and seek claim in the settlement and I do not want him to be involved. I want to start a foundation with the money and will not take a dime from the settlement. I worry that "the father" has somehow gotten wind of this potential lawsuit because he recently contacted me requesting my son's medical records because he said he is having a baby and he is concerned that they might have the same disease and the doctor is wanting them to bring in their medical records to view. I don't see how any doctor would ask a person to bring in records when they clearly can get the records themselves. I think he's up to something but I don't know for certainty.

I'm trying to get myself declared as my son's personal representative in the probate court, but that won't help me keep "the father" from coming after the claim I filed. I'm just trying to figure out what I need to do. I have never done a paternity test and I have no DNA available because I donated it all to research studies around the world. I would like to remove him from the birth certificate so that he is not declared as a father. If he wants to sue me for any damages personally that's fine. However, I want him to leave this case alone.





Disestablishing Paternity: Paternity Issue

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