Legal Question in Family Law in Virginia

paternity in deceased child
I am at my wit's end. I was with Mike over 3 years, I became pregnant. Things went downhill from then and I moved out. Mike started telling everyone the child was'nt his. Even before he was born. My son was born june 15, 2002. I filed papers in juvenille court for paternity, child support, custody. Well, on August 9th, 2002 I lost my precious son to SIDS. I still petioned the court to do DNA testing as they have samples on file. Juvenille court denied this stating they did not have jurisdiction, I appealed and went to circuit court where I was again denied because I did not ask for finiacial.I just want to be able to put my child's father on his birth certificate and death certificate. He deserves that respect. I also want the 5 other children (his and mine) to know that it was their brother. He's paying a lawyer $300.00 an hour to fight me on this. I just want the test to be done. Any suggestions??? If my son were alive today this would not be a problem but since he is deceased no one knows how to handle this. There has to be a way. HELP!!!!
ANGELA

Asked on 2/11/03, 6:14 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: paternity in deceased child

I'm afraid the judge in the lower court has already given you the correct legal ruling: no jurisdiction.

The establishment of paternity by a court requires a live subject who is linked in the

court pleadings to an alleged father, both of whom must submit the required DNA samples for genetic testing in order to prove the paternity of

the father with respect to the subject.(A sample from the mother is not required to complete the test.)

Without the above two requisites, the court is powerless to hear the matter.

Answered on 2/11/03, 6:55 pm

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