default paternity judgement
I was hired as a personal caregiver in 1991. We became personally involved lived together. We were engaged at one time. Hes the one I had my children with and we wanted to be a family. He said he took care of my sons paternity not to worry. In 1999 when he died I should have called the police. I filed a claim for unpaid wages in probate court. They filed wrongful death against me. They dropped it and said we settled in probate.We didn't though and I almost had a malicious prosecution attorney. Ive never seen the summons and complaint or the response to it that was filed. My son has the right to support.How can I get the default judgement and parental rights lifted? Do I have rights as the Mother to be included in establishing paternity?
Re: default paternity judgement
If your children remain minors, the family law court still has jurisdiction over these issues. It doesn't matter what happened in probate court...they do not have jurisdiction over the kids...only his property. If all his property/assets are now gone then you will have no recourse. If not, the family law judge can order that the assets from the deceased be preserved for the children...so long as you can prove they are his.
