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01227 502982One of the most devastating things that could happen to a man is misattributed paternity, spending long years in belief that he is a child’s biological father only to find out that they are actually not biologically related.
Paternity fraud happens when the mother identifies a man as the biological father of her child when he is not. In some cases, the mother knows for certain that the man is not biologically related to the child, while in other cases, the mother is unsure and only has suspicions of who the biological father could be.
The man is then asked to sign an affidavit of paternity for the child whom he is not biologically related to. In most cases, it is the child’s mother who urges the man to sign the affidavit or the birth certificate form. Unfortunately, the case becomes complicated when the state uses this affidavit or birth certificate rather than legally ordering a DNA test to prove paternity in a child support case.
The At-home Paternity Test has the benefit of this test is that it can be done from the comfort of your own home and results will be received in only 3 to 5 working days
Paternity fraud, or misattributed paternity, affects not only the biological and non-biological fathers but also the child. The situation is similarly problematic for the child who is at the center of the whole case. Oftentimes, aside from the emotional pain, paternity fraud becomes a long winded legal case about child support and reimbursing the wronged party.
If you find yourself in the middle of a similar situation, finding out that you are not the child’s real father after paying child support, read on to know the consequences of the case.
Paternity Fraud and Child Support
In some states, paternity fraud can go through a process called the “presumption of paternity,” which happens when the state designates a man as the child’s official and biological father under the reason that he and the child’s mother were married during the time of of the child’s conception or birth.
Because of presumption of paternity, some men are required to pay child support for children whom they are not biologically related to. In some cases, these men are still required to pay child support even after misattributed paternity has been established.
Unless the man begins to express doubts about his child’s paternity and starts taking legal steps himself, paternity fraud often goes undetected for a long time, and in some cases, it can go undetected for life. But if your case has come to light, what happens next? If you have been paying for child support, the court will decide whether the payments should continue or cease.
On the surface, it seems like the obvious answer is to allow the wronged party to stop paying for child support, but legal courts always have the child’s best interests as their priority. In other words, a paternity fraud case may not always end favorably for the misidentified father.
Depending on the intricacies of the case, the court may order you to cease further payments or order a continuation of the child support payments. The court may legally order you to continue child support payments if you have supported the child for a long period of time and have already acted as their biological father, therefore protecting the child’s sense of stability.
Aside from that, the court may also order you to continue your payments if the child still needs to be supported or if the court believes that the child may need government assistance if child support payments cease.
Again, the court will always seek for solutions that will serve the best interests of the child, who is, at the end of the day, also a victim of the fraud.
If it happens that you need the paternity results to be shown in court, please click on this link to order the Legal Paternity Test.
What Happens to the Child’s Mother?
It has been established that both the biological and non-biological fathers as well as the child are victims of a paternity fraud case. But what happens to the child’s mother? Unfortunately, right now, there are no legal consequences for mothers who commit paternity fraud as this is not considered a punishable crime. Because child support payments are supposed to be spent for the child, it is also virtually impossible to recollect these payments. Hence, it is also often impossible to reimburse victims of paternity fraud.
Still, if you are a victim of paternity fraud, you can always seek the legal assistance of a lawyer. They will most probably advise you to undergo a DNA test to prove that you are not biologically related to the baby, which can help you in your case especially if you have not yet started paying for child support. Remember that paternity fraud and child support guidelines differ in every state and in every country, so be sure to do your own research.
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