Family Law Questions? Ask a Family Lawyer Online.
Dear JACUSTOMER - Whenever there is an allegation of paternity either party can request a test. It depends on who wants what. Many times a man will claim he is the father and demand a test just to learn he is not. On the other hand there are times when a woman will claim a man is the father and demand a test only to find he is not. So there is no basis for either party to sue the other for the costs involved and whoever has demanded the test is usually responsible for the costs. I'm not certain why you couldn't have been tested in FL without the need for all the trips but unless you can show that the mother knew for a fact this was not your child and was simply making false claims for some other reason I see no reasonable chance that you will be able to recover your costs relating to the paternity, especially if you were the one who asked for the test.
You could simply have denied paternity which would have forced her to demand the test which could have been done in FL at no or little cost to you.
If you want to sue that is your prerogative but in my opinion I believe there is only a remote chance at any monetary recovery.
If you want to sue her for slander that is your right. You would have to file your suit in MA and then start making more trips back an forth for hearings. If you lose you cannot recover those costs so you will be throwing more money at this case but it is your choice. I cannot predict outcomes of court cases and you very well may prevail but the fact remains that you could have cut your costs by having the test performed in FL or simply ignoring the entire situation and then filing a suit for slander if she kept up the accusations.
All I can do from this website is offer general information as I see it from the facts provided and I cannot give specific legal advice as what to do or not do in a case. The only way for you to find out for certain if you can win is to file your suit and see what happens.
You can ask all the questions you like and do not have to accept more than once. I have customers who follow up after 6 months or more!
If you are the only one the letter was sent to it is not slander or libel since it would have to have been sent to others. So just the fact that this attorney sent you a letter does not constitute slander. Whether you used her name or not really doesn't matter since the truth is the truth and since you didn't use her name then the lawyer has no case.