Legal Question in Family Law in Minnesota
paternity
my brother died 3 weeks ago. Two weeks ago a woman called and said she was his daughter. The courts did a paternity test 24 years ago and ruled he wasn't her dad. She has gotten an attorney and wants blood samples from his autopsy. What recourse do we have?? We feel the courts ruled 25 years ago, the subject should be closed.
Asked on 11/15/08, 6:44 pm
1 Answer from Attorneys
Maury Beaulier612.240.8005
Minnesota Lawyers
Re: paternity
If the court ruled on the issue 25 years ago in a paternity proceeding, your argument is that the matter should be considered Res Judicata unless ther opposing party has some compelling basis (new science, tainted test result) warranting a Motion to reopen those findings.
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Answered on 11/17/08, 12:00 pm