Is Paternity Fraud Illegal?

It is often damaging for the child who is deceived by their mother to believe someone is their father who is not. It can open someone up to claims in both the civil and criminal courts depending on the circumstances. It is right that the criminal courts treat it seriously.

What happens to biological father in paternity fraud?

Paternity fraud often goes undetected for years. Sometimes it comes to light after medical records reveal that the child cannot possibly be related to the man attributed as the biological father. Cease further child support payments, or. Order a continuation of child support payments.

Does my baby’s father have rights?

The father has no legal right to see their child without a court order. Thus, the best course of action for a father who desires visitation or custody of his child is to first establish paternity. The easiest way to do this is to be present when the child is born, and help the mother fill out the birth certificate.

What is paternity fraud and how can you avoid it?

Paternity fraud occurs when the mother of a child misidentifies a man as the biological father of her child. 1  In some cases, the mother knows full well that the man is not biologically linked to the child. In other cases, she only suspects that her child is not genetically linked to the father she named on the birth certificate.

Do I have a case for child support fraud?

Even if you do not believe you have a case for fraud, if you believe you are not the father of a child you have been ordered to pay support for, you should contact a domestic litigation attorney licensed in your jurisdiction. The Cordell & Cordell Law Firm handles many domestic litigation issues, including paternity.

Is it hard to vacate a paternity acknowledgment?

However, the difficulty in proving fraud, duress, or material mistake of fact to vacate the acknowledgment is that the laws and court rulings of each state vary so be sure to consult with a licensed attorney. In order to prove paternity fraud, you must prove that the mother actually committed fraud.

What happens if you are a victim of misattributed paternity?

In addition to the emotional pain caused by paternity fraud—which affects the biological father, the non-biological father, and the child at the center of it—victims of misattributed paternity may have been paying child support for years. Once the truth is revealed, it is rarely a simple matter to be reimbursed for those payments.