Legal Question in Family Law in California
Can I file suit against my biological father ?
My biological father never claimed responsibility of me, he was a 35+ married man, my mother was 18, I am now 31, and my mother has since died. Do I have any legal recourse against him now? I know who he is for sure. Please advise.
Thank you,
--name removed--Kendle
1 Answer from Attorneys
Re: Can I file suit against my biological father ?
Unless he lost his legal standing (through a court action, including if you were adopted by a step parent) you might be able to get him declared leglly your father. You would have to prove through a legal proceeding (using DNA blood tests) that he is your biological father. You would then be entitled to inherit from him - if he had any assets, and if he did not take steps to disinherit you.
You should face the reality that because he has not taken any responsibility for you in the past, it is not likely that he is going to take any responsbiliity for you in the future. More likely than not, all you will prove is that he was a jerk when you were conceived and he is still a jerk now. You could spend a lot of money and create a lot of stress and anxiety in your life, in his life and the lives of his family to obtain a hollow victory.
If you are looking for a father figure in your life, choose someone else. He is no more than a sperm donor. He did not want a child, he wanted sex gratification. If he had wanted a family he would have married your mother, taken care of her and you and/or shown that he was a concerned parent. It should be obvious to you that he does not care. There is nothing in your power that you can do to make him care. We do not choose our parents, and sometimes we get shortchanged. That is a cold part of reality. However, you can decide what kind of parent you are going to be and make sure that you are invested in the lives of your children.
It is regretful that your parents did not have a belief in the sanctity of marriage and family - you would have been spared a lot of grief. But you cannot change any of that past history. Your recourse is to channel your energy into your family and into encouraging others to understand that there really are victims of casual sexual encounters.
Turn the tragedy of your life into a lesson for others. Remember that you cannot control what life deals to you, you can only control what you do about it. The old adage that encourages the making of lemonade from lemons is applicable here.
Use your efforts to save others from the suffering and loss you experience. Fill the void in your life with the love and devotion you give to your family.