Questions about 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.
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