Legal Question in Family Law in Montana
adult paternity 2
i was contacted by a woman who claims to be my sister. can i take her to court to make her take a paternity test?
(The information you have provided is incomplete. Are there any issues involved related to inheritence? What is bothering you by her statement?? What is the tangible nature of the claim?? Please provide complete details to enable me to record my opinion. Sudershan Goel ) sorry i dident know how to reply on my other posting s im doign another post to answer your question.
there is no inheritance, my father currenlty lives in a nursing home and it has been very costly. what bothers me is she bad mouths my father and uses his last name she even gave it to her child. my father was married to her mother for 30 days when he found out she was 3 or 4 months pregnant and he filed a annulment because it was not his child. i would like to have her take a test to prove she is not my fathers child and make her stop useing his name and bad mouthing him. we offered to pay for the paternity test but she refused too take it when it came down to the day to take the test. she says she just wants to g et to know me. i think she is a scam artist? thanks for your help with my question!
2 Answers from Attorneys
Re: adult paternity 2
to be answered by an attorney having jurisdiction over the subject/area. not for me please.
Re: adult paternity 2
Seems to me the question was settled with the annulment. Dad's pregnant wife could have put on a case that the baby was Dad's. Perhaps she did put on a case but was unsuccessful. If that's what wife said to Woman, perhaps Woman truly believes she's your sister. If I were she, I would take the test.
Take the most direct route. Talk to your Dad if he's lucid. He can shed more light on this woman's story. Perhaps he can look at her photo and say, "Wow, she could be her mama, they look so much alike," or "Nope, this woman looks Swedish, my former wife was Chinese."
Unless this woman is making some kind of claim on your family, I don't think you can require her to take a paternity test. And no matter who she turns out to be, I don't think you can be required to attempt a relationship with her. She is free to exercise her right to find family members until her right bumps into your right to be left alone.
I don't do estate work, so I would talk with an estates lawyer if I were in your situation. Have the attorney review Dad's will. Make sure the will specifically states the children born to Dad. Might be a good idea to specifically name this person as not a biological or adopted child.
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