Legal Question in Family Law in Illinois
Paternity
At the age of 27 I found out my father was not my biological father. My biological father claimed me until I was 7 and we left the area. I have recently contacted him and he is now denying the paternity. I need to know for sure. Do I have legal right to sue him for paternity and become part of his estate along with his other 2 biological children? If so, how do I go about filing and who would order DNA testing?
Thank You
2 Answers from Attorneys
Re: Paternity
In Arkansas you would have a right to do so. I do not know about other states. If you now live in AR and he ever lived in AR with you , you can sue him here.
Re: Paternity
You do have some rights if all of you are in AR. In other states, it may be different. In AR, a child is entitled to a share of his parent's estate if his parent does not have a will, or if he is left out of the will. If you live in AR, you are deemed to have certain birth rights, unless you were adopted by someone else.
Your birth certificate would provide some evidence, as would the fact that he raised you for 7 years as his own. Any other evidence would help. A judge would have to order any paternity test, and would need a reason to do so. Where is your father now?
I hope I have answered some of your questions.
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