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Starsmer

Does a now-adult child have any special rights to ascertain paternity?

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I'm 30+ years old and have many unknowns in life due to not knowing my Paternal parent.  I would like some information from him, I know who he is.  All overtures have been denied.  I believe I have at least some Moral right to know certain infomation.  Do I have any legal right?  Can one sue for paternity testing? - not that it's in question, but for verification purposes, should they be needed.

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The law isn't so much concerned with moral rights as legal rights, and I'd say it's the known issues v. unknowns that are more problematic if unaddressed.  What "certain information" is it that you want if you say paternity is "not [] in question"?  It sounds as though you're rationalizing ways to force a relationship on this person.  Nothing to beat yourself up about -- it happens all the time, family and non-family alike.  I trust you've talked with a therapist about this; if not, you ought to.

 

You're free to research and find other relatives of his and ask them to take a swab/DNA test on your dime.  I know of no court that would be in a position to order him to provide you with information.  You're free to inquire with your legislative representatives (if he's in your state too) and pester them about legislation, of course.

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I take issue with characterizing the information provided as indicative of "stalking" (a word that people are, unfortunately, overusing and misusing as a matter of casual habit these days to the point where its actual meaning is completely altered).  To "stalk" in this context is to do things that (literally) put someone in fear of serious bodily injury, death, rape or kidnap.  :)

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Tobias, noted. Thank you, I am mindful of that.

 

Thank you, Fallen. The information in question is simply health/heredity issues if any are known. Having recently had a child of my own, such questions are much more persistant.

As far as forcing a relationship, i'm actually trying to get this information without getting legal, so to avoid injuring any family relationships that may be unaware of me.

  and thanks for the clarification.

 

Any advice on the situation is appreciated.

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I'm 30+ years old and have many unknowns in life due to not knowing my Paternal parent.

 

"Paternal parent"?  The normal term is "father."

 

 

 

I believe I have at least some Moral right to know certain infomation.  Do I have any legal right?

 

No.

 

 

 

Can one sue for paternity testing?

 

Anyone can sue anyone for anything.  A suit of this nature would be quickly dismissed, and you'd risk being sanctioned by the court for filing a frivolous lawsuit.  Sorry.

 

Even if you could do this successfully, since you claim to "know" who your father is, I have to wonder what you think you might accomplish by "su[ing] for paternity testing."

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I'm not saying that you don't have good reason to be interested. Family health history, for example, can be important, but people often face this type of problem in adoption situations where the laws and customs generally protect the secrecy of the natural parents. The best you can do, as far as I know, is to ask.

 

If they don't want to talk about it, I don't know any way to force it.

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pg, while I don't usually take issue with the nitpicking, I think in this case the person is allowed to use whatever terminology (s)he's most comfortable with ... "father (biological)" in this case was deemed inappropriate, and we aren't really in a position to quibble.  (Personally, I'd probably have used "sire" in this situation, since "father" connotes something more and this person has clearly indicated a lack of interest.)

 

Poster, all I can suggest, again, is that you approach known blood relatives of this person.  Unless a medical professional is saying it's vital to attempt to learn X, however, I suggest that pushing it of your own accord means something else that you're probably unlikely to recognize as being an unproductive but seemingly legitimate way of countering the rejection.  That's something to discuss with a therapist. 

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You are absolutely right Fallen. There is the type of stalking that might put you in jail, which is the statutory definition of stalking,  and then there is the type of stalking that might end up with a shotgun pointed at your face. I'm not sure which is worse.

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Starsmer, you have zero legal rights in this matter.

 

If you are concerned with health and hereditary issues, there are genetic tests that can be performed on you and your child to determine if there are any genetic issues.

 

Yes, they cost money. But the advantage is that they can be done rather quickly and with a lot less grief than you'll experience if you try to force some sort of cooperation by your biological father.

 

But I suspect, as somebody else has already suggested, that your concern for health/heredity is a thinly disguised rationalization of the desire to reconnect with your father or at least get the usually desired answers to the "why did you abandon me question."

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pg, while I don't usually take issue with the nitpicking, I think in this case the person is allowed to use whatever terminology (s)he's most comfortable with ... "father (biological)" in this case was deemed inappropriate, and we aren't really in a position to quibble. 

 

Ummm....duh.  Of course the OP "is allowed to use whatever terminology" he/she like, and I obviously didn't say and wasn't implying otherwise.  Equally as obviously, I'm in a position to quibble with anything I like.  As are you.  Given that you often quibble with some of the most mudane word choices, I find your comments more than a little odd.

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 Do I have any legal right?  Can one sue for paternity testing? - not that it's in question, but for verification purposes, should they be needed.

 

That depends on the applicable state law. Are you both in Nebraska? If so, then the answer is clearly no, since Nebraska law generally limits actions to determine paternity to those filed by the mother or the putative father, and also limits those actions to being filed within 4 years of birth of the child (other than actions by a guardian or the state). There is no provision for a child to sue to determine paternity nor to get any information from the alleged father. Some states do, however, allow a child to sue for paternity and to seek limited health information from the parents.

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This response is NOT intended to create an attorney-client

relationship.

 

I can't tell whether you were adopted by a step-parent or

by strangers. 

 

Perhaps, your bio mother might have some helpful

information or perhaps not, assuming that she is still alive,

and would be willing to discuss this with you and be truthful.

 

If bio dad doesn't want a relationship, that's his choice. 

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I can't tell whether you were adopted by a step-parent or

by strangers. 

 

FWIW, I don't see any indication in either of the OP's posts in this thread that he/she was adopted.  It appears simply that the OP's father was never part of his/her life.

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FWIW, I can't think of a possible scenario in which any information your biological father could give you (assuming he were willing to do so) would affect in any way the diagnosis and treatment of you or your child. The only reason you would need the information is to satisfy your own curiosity.  Unfortunately (or not, depending on your point of view) the law does not permit persons to compel release of other persons' personal information simply to satisfy one's curiosity.  Let this go and move on.

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So many of you people are just assholes in your responses on this thread to a guy just seeking to know his heritage. Love how a couple of you are arm chair therapists suddenly stating it’s a thinly guided veil to establish a relationship. Clearly the man doesn’t believe he is father and that’s not an option and he just wants to know if he is his father or not. If you don’t have anything helpful to add besides a condescending opinion to OP or telling him how he should talk, please go away

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If you're looking to advertise your firm, contacting the owners and paying the advertising rates is a better way of doing it than posting to a five year old thread with information that does not apply in the original poster's state. California law does not fly in Nebraska.

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On 5/18/2019 at 10:38 PM, Giventofly said:

So many of you people are just assholes

 

Thank god you resurrected this nearly five month old thread to attack people and provide utterly useless information.

 

 

On 5/18/2019 at 10:38 PM, Giventofly said:

please go away

 

Says the person who's posted here once and who doesn't have the common sense not to resurrect a 5 year old thread to people with over 160,000 collective posts.

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