My friend lost her baby in the spring and ever since the guy who thinks he is the father (even though she warned him he might not be) has been causing her trouble at every turn. Recently she just had the headstone replaced because the name was wrong and he literally stole it off the grave because it did not contain his name as the father on it. After calls from the police he returned it to the funeral home but now they are refusing to place it on the little girls grave. They told my friend that she either had to come to a compromise with the supposed father or leave the grave unmarked. The guy is not on the birth certificate and did not pay for anything including the funeral or the headstone. Is the funeral allowed to do this? Their claim is that he had the memorial certificate with his name on it, but its not the state certified, and that they have the same last name?. Any advice?
2007-10-20 06:33:23 · 10 answers · asked by Chelle's Belle 4 in Politics & Government ➔ Law & Ethics
Her name is not on the stone either for those asking why not put his name on. And it was a special made stone costing her alot.
2007-10-20 06:48:34 · update #1
Who paid for the headstone? IF he stole it, then simply take him to small claims court and obtain a judgment against him for the value of the head stone. That is a start in building the audit trail regarding the child's name.
WHO purchased the Grave? IF the alleged father was not involved in purchase of the grave, include include the cemetery in the small claims court action and take your deed to the plot with you. Again a judgment entered in small claims court should force the return of the marker.
2007-10-20 07:01:21 · answer #1 · answered by wowser 5 · 0⤊ 0⤋
Does she have a lock of hair from the baby that she could do a DNA cross check against the father with? If not she could get a court order that would tell the mortuary to have the head stone reinstalled. The easiest way to resolve the situation, if she can't work out a compromise, would be to prove parenthood through DNA>
2007-10-20 06:41:48 · answer #2 · answered by LEHI 3 · 0⤊ 0⤋
Consult a lawyer. She shouldn't have to leave her little girl's grave unmarked because some guy is a vandal and thief. Maybe with the prospect of prosecution the a**hole will leave it alone! The cemetery might need to be persuaded to increase their security and keep graves and stones from being violated like that too.
2007-10-20 06:39:16 · answer #3 · answered by me_myself_&_eye 4 · 1⤊ 0⤋
If his name is actually on the plot, then you don't have much recourse directly with the graveyard, because ownership of the plot belongs to the purchaser, not the deceased. The simple remedy here would be to purchase a new plot and have the remains moved, then you can replace whatever stone you want, since he has no "ownership" of the remains or the headstone, only of the site.
2007-10-20 06:43:03 · answer #4 · answered by Mr. Know-it-all 4 · 0⤊ 0⤋
I have not seen many grave markers with the parents names on them. I can see the cemetaries reasoning for not wanting to be involved. She will probably need an attorney to get it resolved.
2007-10-20 06:43:08 · answer #5 · answered by sensible_man 7 · 0⤊ 0⤋
The last thing a cemetery wants to do is be caught in the middle of something like this.
Get it agreed to, in writing, then go back to the cemetery.
What a mess! not knowing who the father is.Cetrainly you find it unpleasant being involved yourself.
2007-10-20 06:38:42 · answer #6 · answered by TedEx 7 · 0⤊ 0⤋
In legal matters between you and two other parties you must see a lawyer to be on the safe side in your actions. Good luck.
2007-10-20 06:37:53 · answer #7 · answered by hillbilly 7 · 0⤊ 0⤋
I don't know if they're allowed, but is this guy the babies dad or not? She shouldn't put parents names on it, just the babie's name and birth-death.
2007-10-20 06:37:39 · answer #8 · answered by Sucre Noir 5 · 0⤊ 0⤋
What is the harm of putting her father's name on her grave? It sounds as though he is grieving too, no matter what kind of relationship the two of you ended up with.
2007-10-20 06:40:15 · answer #9 · answered by Anonymous · 0⤊ 2⤋
the place is the cemetery? If in U.S. touch a funeral living house to ask in the event that they comprehend the cemetery district or workplace that seems after the cemetery. there may well be a county cemetery workplace to call, examine the telephone e book or if linked to a church examine with the workplace there.
2016-11-09 00:46:51 · answer #10 · answered by gurucharan 4 · 0⤊ 0⤋