Can they legally falsify paternity on an obituary? My boyfriends daughter died. He is her legal father and by blood, he is on the birth certificate. As well as paternity established. Her mother did the obituary and listed her boyfriend the father/parent. Is this legal? I have read its illegal to post a false public document, is an obituary considered a public document? How can we have it changed and his name put on it. The funeral home knows she is lying. The director of said funeral home is dodging my boyfriend calls. What can he do?
My boyfriends daughter died. He is her legal father and by blood, he is on the birth certificate. As well as paternity established. Her mother did the obituary and listed her boyfriend the father/parent. Is this legal? Realistically, yes. It is probably legal. The majority rule is that one can't bring claims of defamation or intentional infliction of emotional distress/outrageous conduct, on behalf of the dead. In particular, in Ohio, the Ohio Revised Code § 2311.21 states that actions for libel and slander will end upon the death of the plaintiff. So, no legal relief may be sought on behalf of the deceased daughter. The mom's current boyfriend presumably consented. There is a fair reading of &quot;father&quot; that includes psychological or god-father figure as opposed to legal parent, under which the statement would not be false. Nothing is said about the true father so it isn't really an outright defamatory statement about him that harms his reputation. If the obituary were used as a basis for receiving some sort of economic death benefit, like a social security survivor's benefit or insurance proceeds, it might be a case of common law fraud or something similar, and would also probably constitute criminal fraud or theft. A false statement in a probate court filing would likewise be sanctionable, either by the presiding probate court judge, or in a criminal proceeding (although probably not in a separate civil lawsuit). Arguably, it might meet the standard of &quot;outrageous conduct/intentional infliction of emotional distress&quot; (whether something meets that threshold if all facts alleged are true is a question of law, rather than a jury question), but generally that would require a calculated intent to harm the true father as opposed to, for example, an intent to make that daughter's funeral go smoothly if she had many friends who assumed that the mother's boyfriend was the father, so probably not. Public policy generally favors not having the courts intervene in obituary omissions or inaccuracies. It is certainly not a crime. Not all untruths have legal remedies. I have read its illegal to post a false public document, is an obituary considered a public document? No. An obituary is just a private publication, it has no official status. I would agree with the following source that states that: There are no legal requirements tied to obituaries. They’re a way to tell the story of a deceased family member, and they only carry sentimental value. Obituaries are not a legal or financial obligation under any circumstances. (Source: Do You Legally Have to Have an Obituary or Death Notice?) How can we have it changed and his name put on it. You can't. The funeral home knows she is lying. The director of said funeral home is dodging my boyfriend calls. What can he do? Take out his own obituary in a newspaper or some other medium of his choosing setting forth the true facts. If the original was published in a newspaper, ask the newspaper for a correction or write a letter to the editor commenting upon it. Generally speaking, the First Amendment is designed to encourage responses by counter-speech, rather than by legal action. For example, in one notable case, the Texas Supreme Court's ruled upon whether the authors of an obituary about their son could sue for defamation when someone else accused them of including false statements of fact in the obituary. It held that the authors of the obituary could not successfully sue the people making the counter-statement to their obituary. The Dallas Morning News v. Tatum, Case No. 16-00984 (Tex. May 11, 2018) (affirming a summary judgment order dismissing the defamation lawsuit brought by the authors of the obituary). Footnote Most of the litigation and notable cases involving false obituaries relate to obituaries for people who aren't actually dead.
Either party can petition the appropriate court for an adjudication of paternity (if this has not already been established in connection with the issuance of the birth certificate), and for a parental responsibility and child support order, at any time, if no such order is in place (assuming that Pennsylvania is the "home state" of the child and venue is proper). Child custody and visitation rights are determined based upon the "best interests of the child" with very little other formal guidance from the statute or even case law which also affords a judge very broad, although not unlimited discretion in resolving the issue if the parents don't reach an agreement. Any parent who is not adjudicated to be "unfit" (whose parental rights would then be terminated), is entitled to some reasonable visitation under the circumstances at a minimum. In practice, courts tend to prefer to enter an order that preserves the pre-litigation status quo is one was established for any reasonable length of time. Once a custody and visitation schedule are established (logically, this is actually done contemporaneously), a child support award is also entered based upon the number of nights per year that the child spends with each parent, the income of each parent, and the extraordinary expenses, if any of the child, pursuant to guidelines that exist under state law but are federally mandated. Generally speaking, child support payments are quite small relative to the incomes of the parties. If a parent is willfully refusing to work or underemployed so as to reduce child support, in some circumstances, income that could have been earned is imputed to that parent for purposes of determining the appropriate amount of child support. There is a small body of civil procedure that goes to the nitty gritty of how this is handled after a petition is filed, but that really goes beyond the scope of the question. In the simplest case, only the two parents are involved in the litigation. But, there are circumstances in which there can be other parties. For example, if the child has been supported by welfare, a representative of the state is a party to make sure that child support is paid reducing the need for welfare payments or repaying welfare payments already made by the state. Guardians of an un-empancipated minor or disabled parent might participate. Grandparents can sometimes have standing to participate. A non-parent who has physical custody of the child would usually have standing to participate. This all gets a little technical, and since the question doesn't suggest any facts that would call for additional parties, I will leave it at that. In the event of a substantial change of circumstances after a statutory period after the last order was entered, a court may start over, more or less from scratch, and establish a modified child custody, visitation and child support order that reflects the changed circumstances. As a practical matter, for parents who are separated from shortly after the birth of a child and can't work things out between themselves, there will probably be several to half a dozen modification proceedings until the child is an adult.
That would require a change in the law. Names and salaries of public employees have been held to not be highly personal information exempt from the public records law. See Attorney General v. Collector of Lynn, 377 Mass. 151, Hastings &amp; Sons Publishing Co. v. City Treasurer of Lynn, 374 Mass. 812. This is part of the "diminished expectation of privacy in matters relating to their public employment" attaching to public employment.
They cannot force a contract on you after the fact. You should leave these numbskulls alone, they are clearly up to something that makes them likely to be sued. I am adding the following: it's not illegal as far as I know to declare anything you want to a person as long as it isn't a threat. &quot;You are now beholden to give me your firstborn makle child.&quot; lol, no.
While the state, or a creditor, can initiate a probate if no one else does (if the state does so, the official in charge of this is called the "public administrator"), neither are required to do so. Also, sometimes a guardianship is converted to a probate, but this doesn't appear to have happened. This is a thankless job that probably doesn't make sense to bother with if estate liabilities exceed the assets of the estate, but most states have a "non-claim statute" that bars creditors claims, other than liens including property tax liens, after a certain amount of time after the death. So, even if the estate may have been insolvent at death, if enough time has elapsed, many of the potential claims may now be barred, making the estate solvent again. Siblings generally have priority for appointment over a nephew, so to be appointed yourself, you would ordinarily have to receive a renunciation of their right to serve as executor before applying to do so yourself, but some states disregard that priority if no one has taken action after a certain period of time. You would initiate probate by contacting an Alaska lawyer in the vicinity of the place he was domiciled at death. The lawyer can review the guardianship court file, determine if an executor was appointed, and determine if there are assets that could justify opening an estate relative to lien debts including Medicaid liens. If there are not, letting the assets be lost to a property tax lien may make more sense that spending money to transfer his property in an orderly fashion to his creditors with nothing in it for any of his family.
I'll give you the situation in Washington, which is probably similar to the situation elsewhere. RCW 68.50.130 say that you have to follow the law in disposing of a body. To perform a cremation, you need a license. The regulations established by the Department of Licensing say that cremations take place in a crematory, and the facility must be licensed. We turn to the definition of crematory, which is a building or area of a building that houses one or more cremation chambers, to be used for the cremation of human remains This applies to hydrolysis facilities as well, but not composting facilities (which can simply be &quot;real property&quot;).
There is a law requiring it (in Washington). Per RCW 29a.08.720, &quot;current lists of registered voters are public records and must be made available for public inspection and copying under such reasonable rules and regulations as the county auditor or secretary of state may prescribe&quot;. As in all states, there is a law that requires disclosure of &quot;public records&quot;, which is in this case limited to first and last name, age, county and zip code (there is no official party affiliation, and phone number or street address are excluded from public records). Ohio law is a bit different, so you can get a street address (in the Ohio section, it also includes putative data from other internet sources, which are often just guesses – it thinks my son lived in Texas). It does not include California, because voter lists are not mandatorily-disclosed public records in California. Under half of the states' records are available.
If you state, to a third person, that Joe has performed a criminal act then that is defamation and you can be sued. Unless it is true. However, if you are relying on the truth as a defence you will need to provide evidence that it is. At the moment you lack: a criminal conviction of Joe any physical evidence against Joe any personal knowledge that Joe has committed these acts. All you have, is second hand rumours that this has happened to 5 women, some of whom have reported it to you in person. This is called hearsay and it is not evidence. It may be true, it probably is true - you can't prove it's true and in court, that's all that matters. If you were sued your only possible defence is to call these women to give the evidence they are unwilling to give - are you willing to betray their confidence to that extent?