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Questions about Paternity Fraud Laws

Paternity fraud is the act of naming someone as the father of a child when there is doubt of paternity. For whatever reason, this happens frequently. Many people find themselves in a messy situation and don’t know where to turn for legal answers. When you need answers and need them now, Lawyers on JustAnswer can answer your questions quickly and affordably. Take a look at the top 5 questions about paternity fraud and paternity fraud laws.

Why is paternity fraud rewarded but not prosecuted?

In many cases, paternity fraud offenders avoid prosecution and the victims struggle to claim any compensation. Often a paternity test could prove that the acting father is not biological and could affect the bond between the child and the father. In cases like this, often the judge would rule that a paternity test would not be in the best interest of the child. As always, the court has the right to refuse a person’s request for a paternity test.

What options does a person have if they doubt the paternity of a child but pay child support?

Most states will acknowledge the person named on the birth certificate as the legal father. This is especially true if the person has claimed the child as their own for many years. If paternity has not been contested within one year of a child’s birth, the person listed on the birth certificate is presumed the father.

You can file to dis-establish paternity, but many states will not allow this if many years have passed. Check your local and state laws on paternity fraud and paternity fraud laws. Legal terms can be confusing and frustrating and a legal consultation can be costly. Before you pay an expensive legal fee, you can ask a Family Lawyer on JustAnswer. The legal Experts can answer your questions fast and for an affordable price.

Can a person sue for back child support after raising a child?

If you raised the child and never requested a paternity test, the child is legally yours. There is a time frame that most courts will allow the father to challenge paternity. If there is no challenge made, it is presumed that the person assumes the role of the father. You could have the biological father legally adjudicated as the father with your permission. If this is done, the biological father would generally have to pay child support.

Is it considered paternity fraud if a person falsifies a birth certificate?

A birth certificate is a legal document. Anyone who falsifies information on a birth certificate is subject to liability. However, the biological father would have to be unaware of the false information in order for this to be considered paternity fraud. If you have questions about paternity fraud, you can ask a Family Lawyer on JustAnswer. The legal Experts can answer your questions and help you understand paternity fraud laws.

Can a person sue their spouse for paternity fraud?

In most situations, the answer is no, however you can file for a divorce. You can also ask the court to waive child support because you are not the biological father. If you do not ask the court to waive the child support, you could be ordered to pay if you are not going to be the custodial parent.

When people find themselves in a messy situation and need fast and accurate information, they ask the Experts on JustAnswer. Before you ask a friend or pay out-of-pocket expenses for an attorney to find out how to handle a legal situation, you can ask Lawyers on JustAnswer for a fast and knowledgeable answer.
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Recent Paternity Fraud Questions

  • The is a woman who had a baby 3 months ago who put my husbands

    The is a woman who had a baby 3 months ago who put my husband's name on the birth certificate and gave him his last name even though the father is not the father. We live in California. How does he go about filing a paternity fraud lawsuit?
  • Can a man file misattriubuted paternity or paternity fraud

    Can a man file misattriubuted paternity or paternity fraud before the child is born?
  • in oklahoma how do i file paternity fraud on the mother of

    in oklahoma how do i file paternity fraud on the mother of my child for having her ex who aso has a child by her sign the birth certificate that she uses a year later to alienate me from my daughter that i practically raised on my own and bought everything for? she has filed police reports that say i am the dad and other reports stating that i'm not the dad. she recently had to plead guilty to lying to the police that caused them to put out an amber alert on me which was canceled after they seen mcdonald's security cam footage of her loading our daughter in my car not me forcefully taking our daughter like she claimed. she lies to me over and over about helping getting me on the birthcertificate for a year and then when i found out it can only be done with a court ordered DNA she lied to me about helping me do that. i finally saved money up to petition for DNA but she is trying to drag her feet in hopes that sept 4th (the 2yr mark) will get here before she has to submit to DNA testing. she wants to keep me from my child all together now and wants to get her ex for child support because he got custody of his kid he had with her and had child support put on her. what can i do? I have an abundance of proof of paternity fraud, and proof of alienating me from my child, and proof off facebook her saying what a good father i am. I have had 2 of her protection orders dismissed because she is not afraid of me and she also tried to use fake text messages of me threatening her but the judge threw them out. she is a textbook narcissist and sadistic social path that tries to hurt my feelings while she plays the victum in the one sided stories she lies about of me beating her, controling her, obsessed with her, jealous of her, and that i do meth all day. none of that has been proven and im currently fighting 2 bogus assult in presnce of a minor charges she has against me. Her ex just got his dismissed because she didnt show up which proves she has a history of this and has even went to jail herself before on assult charges against an ex. can i get her for fraud and defemation of character? and full custody of my child from the alienation?
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