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Can I solicit a legal opinion?

Discussion in 'Anything goes' started by three_bags_full, Jun 27, 2012.

  1. three_bags_full

    three_bags_full Well-Known Member

    We got'ny lawyers in the house?

    I have a very young relative (not me, honestly) who is in Afghanistan and now has a paternity claim. Simple so far, right?

    Well, the child, has now died at two months of age.

    No DNA test has been performed, but the mother (not the courts, mind you) is requesting a test.

    His commander has sent him home from Afghanistan, but he has not yet arrived.

    Obviously, if the child was his he has obligations. I have spoken with his father and everyone understands that. If so, he owes the mother child support, a portion of his currently non-existant housing allowance (he currently has no dependents, thus lives in the barracks and gets no housing allowance). I'm certain he would also support the mother in burying the child.

    But, beyond that, what does identifying paternity tell us?

    Really, really wild situation for a 20-year old kid.
  2. Buck

    Buck Well-Known Member

    If he is/was the father, what would be the cost to him of any medical bills and the burial?
  3. three_bags_full

    three_bags_full Well-Known Member

    I think the death was sudden. SIDS, I guess, so I don't think there would be a large medical obligation. Obviously there would be a significant obligation relating to the burial. Other than that, I don't know what his obligations would be.
  4. Buck

    Buck Well-Known Member

    Very tough situation.
    Average funeral costs are around $5,000, but I would guess the cost for an infant could be less.
  5. qtlaw

    qtlaw Well-Known Member

    I'm no family law expert but believe he'd be responsible for burial and possibly delivery related costs and two months of child support (cannot be much.) Cannot think of anything else (that's substantial.) Good luck to your nephew.
  6. KJIM

    KJIM Well-Known Member

    It's not so wild. It's sad the baby died, but it's not like he's the first 20-year-old to father a kid out of wedlock.

    The mother likely wants a paternity test for financial reasons. If it's his, she would likely be able to take him to court (if necessary) for medical costs.

    Beyond that, all it does is establish paternity. He knows he brought a child into this world, on purpose or not, and had the unfortunate circumstance to know his baby died. Had it not, he also should know that he *would have* been responsible for that life.

    I would think a father would want to know. It would be painful, but it's his child.

    The mother might like emotional support, too, for the loss of their baby. (Not knowing the nature of the relationship, it's hard to speculate on that.)
  7. three_bags_full

    three_bags_full Well-Known Member

    He called me very early this morning to tell me his command decided this did not meet the requirements for emergency leave, a decision with which I agree.

    No paternity is established at this point, and he will be home in a few months.
  8. KJIM

    KJIM Well-Known Member

    So he has to sit and wonder if it was his baby that died, or someone else's? How heartbreaking.

    But I tend to agree on the emergency leave thing.
  9. three_bags_full

    three_bags_full Well-Known Member

    He is confident the baby is not his, and told me he'd deal with it when he gets back.
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