Legal Question in Family Law in Virginia
I want to get my sons fathers name put on his birth certificate but I am having a problem because my son father passed away before he was born. Vital records told me to go to the court and they will tell me what to do. I went and they had no idea what I should do. I filed a petition for paternity on the deceased!? I have a hearing date and the grandparents said they would get tested with my son for DNA. Do I need to get a lawyer for my case? What will the judge most likely tell me? Should I just go have DNA test done before my hearing?
Thank you!
1 Answer from Attorneys
I believe that your case is likely to be dismissed since under current law paternity in the situation described cannot be legally established through court action against a person who is now deceased (in my opinion).
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