Legal Question in Social Security Law in Mississippi
The father of my unborn child passed away and we didn't have anything in writting stating that me was the father, I was wondering what was the right way to go by putting my baby in his last name
Asked on 9/08/10, 7:51 am
1 Answer from Attorneys
Wayne Woodall
Wayne Woodall Attorney
YOU HAVE TWELVE MONTHS FROM THE DATE OF HIS DEATH TO FILE AN ACTION TO DECLARE HIM TO BE THE FATHER. OBVIOUSLY YOU CANNOT FILE UNTIL THE BIRTH IS COMPLETED THUS YOU MAY HAVE A VERY LIMITED WINDOW WITHIN WHICH TO FILE. OTHERWISE YOU CANNOT FILE TO DECLARE PATERNITY. IN THE MEANTIME IF AN ESTATE IS OPENED YOU NEED TO FILE A CLAIM AGAINST IT FOR CHILD SUPPORT BENEFITS FOR LIFE FOR THE CHILD UNTIL YOU CAN GET THE CHILD BORN AND FILE YOUR OTHER PAPERS.
Answered on 9/17/10, 7:07 pm