Legal Question in Family Law in Virginia

Paternity after death

Almost 1 year ago a close friend died and at his funeral a woman came up to his mother and said that she had a grandson. My friends name is on the the Birth Certificate but there is no proof the the child is actually his. At the time of conception she was married and gave the child her maiden name. The woman is now on her second marriage which the childs last name has been changed to his stepfathers. The woman has been harrassing his mother and wants money for the child. My friend also signed a form allowing ''his possible'' son's last name to be changed to the stepfather (even though the child never had his name). The child was born and resides in VA and the possible father lived in MD. What should be the family's next step?


Asked on 7/21/09, 9:27 am

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Paternity after death

Consult an attorney. Good luck.

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Answered on 7/21/09, 9:57 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Paternity after death

Neither your deceased friend's estate nor his mother can have any responsibility for the support of this child.

The mother therefore should make this clear to the harasser and give her written notice to cease and desist from her harassing behaviour or other measures may have to be taken against her.

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Answered on 7/21/09, 10:39 am


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