Legal Question in Family Law in Louisiana

My sons father died when he was just 5 years old he is now 14 I have been trying to get survivors benefits for my son but his father didnt sign the birth certificate and he was cremated the family is not being helpful they dont want me to get the benefits for my son. I want to know what can I do? my son is also disabled.


Asked on 9/22/10, 11:41 am

2 Answers from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

You will first have to prove the child was the deceased. Written evidence or DNA evidence is necessary.

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Answered on 9/27/10, 2:17 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Since his father was cremated, there is no DNA to check, except if the father had a sibling or parent who would be willing to contribute DNA. With that, your DNA and the child's plus affidavits from people who knew he had acknowledged his son, you would have a fairly good chance or proving paternity.

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Answered on 9/27/10, 2:35 pm


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