Little Rock, AR asked in Civil Litigation, Family Law and Social Security for Arkansas

Q: How to petition for expedited postmortem paternity test in AR?

I'm representing myself in Arkansas, specifically in Pulaski County, and need guidance on writing a petition to the court for an expedited postmortem paternity test. The test is necessary to compare a tissue sample for my child's father, who was killed a year ago before she was born. I need the paternity test to pursue legal claims for Social Security benefits for my child. The medical examiner still has his tissue sample on file, and no parties contest the paternity test. How should I proceed with the petition to ensure it's expedited?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Start by drafting a petition titled clearly, such as "Petition for Expedited Postmortem Paternity Testing," and include your full name, address, and contact details. Clearly state your relationship to the deceased, explain your child's need for Social Security benefits, and emphasize that no parties dispute paternity. Provide details about the father's death, the location and custody of the tissue sample (medical examiner in Pulaski County), and request the court issue an order allowing immediate genetic testing.

Attach supporting documentation, including your child's birth certificate, the father's death certificate, and proof that the tissue sample is available at the medical examiner's office. Also, include a brief explanation of why an expedited process is necessary, highlighting any relevant deadlines or financial hardship.

File the petition with the Pulaski County Circuit Court clerk's office, requesting an expedited hearing date. After filing, contact the clerk to inquire about scheduling the hearing promptly, clearly communicating the urgency of your request. During the hearing, reiterate your circumstances concisely and respectfully to ensure the court fully understands the necessity and urgency of your situation.

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