NationStates Jolt Archive


I need to find a court case...

Amorado
20-05-2005, 16:20
I am looking for a court case. My father's parents were divorced shortly after he was born and when my dad was 5 his mother remarried and asked my dad's father to release parental rights so my dad could be adopted. When my dad was 15 his real father died in an accident... and though my dad was his first born he received no inheiritance.

When my mother and father married my dad's real family began to accept him as a memeber. His father's father began inviting him to family gatherings and such. A couple of weeks again, the said grandfather passed away. My father was devastated. Last week they (my father's aunts and uncle) read the will but did not include my father, who is the son of the deceased fourth child.

Although my dad is not interested in money... he does want recognition that he is a rightful heir.

Are there any court cases similar to this that a judge has ruled in favor for the person in my dad's position??
Dempublicents1
20-05-2005, 16:34
I am looking for a court case. My father's parents were divorced shortly after he was born and when my dad was 5 his mother remarried and asked my dad's father to release parental rights so my dad could be adopted. When my dad was 15 his real father died in an accident... and though my dad was his first born he received no inheiritance.

Sorry. If his real father gave up parental rights there is no reason that he should have received inheritance. Your father became the son of his stepfather, and no longer his biological father - at least by law.
Amorado
20-05-2005, 16:47
I see... but if I COULD find a court case... he'd have a chance right? All he wants is to be mentioned as a grandson. I mean... they listed him on the obituary as a grandson... but they won't recognize him now.
Amorado
20-05-2005, 17:10
If a person gets of age... are they allowed to change there name back?
Dempublicents1
20-05-2005, 17:15
If a person gets of age... are they allowed to change there name back?

You can change your name to anything you want.

However, that does not automatically legally place you as part of the family.

If he has been living as part of the family and they now refuse to recognize him, that is a sad situation indeed. I fear that he probably doesn't have a legal leg to stand on, however - especially when you consider the fact that a parent is not legally required to leave anything at all to their children if their children are of age.
Ashmoria
20-05-2005, 17:41
what sort of recognition is he looking for? if his grandfather had met him and treated him as part of the family but had decided to not include him in his will, then that was his decision. for whatever reason he chose not to have him share in the estate.

so what does he want? to be named a heir who got no money? to what end?
to alienate the rest of his family forever? to pay thousands of dollars to rub their noses in his existance?

and how willing is he to hurt the family who raised him as son and grandson? arent they more important that some old man who couldnt be bothered to do what was right his whole life??