The Aikin Family Law Group is a family law firm in Orlando, Florida that handles a range of complex family law cases. Paternity fraud is one complex area of family law where we may be able to assist you. Are you a father and do you suspect that you might not be the father of your child? Do you think your wife has had an affair and gotten pregnant? Did you sign an affidavit affirming paternity at your child’s birth, but now have questions about paternity? A family lawyer may be able to help you.
What is paternity fraud and are you a victim? Paternity fraud is a situation where a man is improperly named a child’s father, and is asked to support a child that is not his. How might this happen? If a wife has an affair and gets pregnant, legally, the husband will be the named father of the child. While this error can be corrected if the wife were to take steps by properly establishing paternity in the family court system, some women may lie to their husbands about who the father is. In this case, a man could go for years thinking he is the father of the child, even paying child support after a divorce, unaware that he may not be legally obligated to do so. What does this mean for men and divorce? If you suspect your wife had an affair and are concerned that the child is not yours, you may be able to seek to establish paternity through a DNA test. More fathers are discovering paternity fraud thanks to the ease and relative inexpensiveness of DNA tests. The revelation that a child you thought was yours, is not yours, can be devastating and can shatter a family. And the legal process of changing child support payments can be challenging. The Aikin Family Law Group is a family law firm in Orlando, Florida that may be able to assist you if you and your family are struggling with establishing paternity or if you have questions about paternity.
What Happens if a DNA Test Reveals You are Not the Father?
Even if a DNA test might be accurate, not all DNA tests are treated equally in courts of law. In order for paternity to be established through DNA, the father and child’s DNA must be tested by a reliable and unbiased laboratory and the chain of evidence following testing must be properly maintained. This means that a DNA test you bought at the drug store that determined you were not the father may not be admissible in court. So, what are your options in this case? Basically, your next step would be to follow the legal procedure to establish paternity, which means going to court, or may mean trying to get the evidence of your DNA test admitted in trial. Were you a victim of paternity fraud, or do you believe you might have been a victim? The family attorneys at the Aikin Family Law Group in Orlando, Florida may be able to assist you.
Paternity Fraud: The Emotional Damage
Paternity fraud does more than lead to financial losses on the part of the father who may have been wrongfully been asked to pay child support. It can also damage the bond between father and child. Emotionally, the father may be attached to a child be believes is his. The child may also be emotionally attached to the person she believes is her father. What happens when the child and father learn that another man is the father? The emotional toll may be great. When a woman willfully lies about paternity, the damage can be far-reaching for all involved. If you were a victim of paternity fraud, you may have certain rights under the law. You may even be able to seek damages for your losses. The Aikin Family Law Group is a family law firm in Orlando, Florida that handles a range of complex family law issues. Unfortunately, if you have been a victim of paternity fraud, it may not always be so easy to prove that you are not the father legally, and it could be even more difficult to get reimbursed for the years of child support payments you may have made. When cases of paternity fraud come to light, the courts generally consider the best interests of the child when deciding what to do. If the courts determine that the best interests are to continue child support payments, then a father might still be required to pay, especially if the father has supported the child for some time and plays the role of the child’s father.
These cases can be complex. Have questions about your rights? The family lawyers at the Aikin Family Law Group in Orlando, Florida may be able to assist you with your paternity fraud case. Reach out to our lawyers today to learn more.