Remedy for Paternity Fraud?

Question

My husband was once involved with a woman who became pregnant during the course of their relationship (of course before I ever even knew him). The woman convinced him he was the father, never confessing that she had been sleeping with other people. Under this false pretense, my husband acknowledged paternity on the birth certificate, gave the child his last name, and started paying child support upon "his daughter's" birth. Then he started hearing stories about how she was sleeping with other people around the time she became pregnant. My husband then began to raise the issue of paternity in court, but was denied a DNA test because he had initially acknowledged paternity. After about 5 years, and $80,000 in child support, daycare costs, and legal fees, my husband was finally granted a DNA test, only to find out he was NOT the father. Now, even though he did acknowledge paternity on the birth certificate, he did so because he was defrauded into believing this child was his.

Isn't there a legal remedy or a way to recoup the money he has spent? Does he have a case that is actionable against the woman? Does he have a case that is actionable against the court system for denying his repeated requests for a DNA test?

My husband has never had a relationship with the little girl, as they moved to another state shortly after she was born.

THE STATE OF NY

Answer 1

Although GirlinSac gave you a very good answer, to be complete I would need to know the state in which the birth (and AOP was signed) occurred.

EDIT FOR STATE SPECIFIC INFORMATION:

First, the controlling case law on the subject is Cleophus P. v. Latrice M.R., 299 A.2d 936 (App. Div. 2003) and Sarah S. v. James T., 299 A.2d 785 (App. Div. 2003).

Unfortunately, for you, although the statue of limitations on establishing paternity is 21 years, there is no such protection for Disestablishing paternity.

In fact, under new York law, you had 60 days from the date of the last determination of paternity, (the court order afixing you as the father) to file a petition for disestablishment.

Also, you face the additional problem of the AOP. (Acknowledgement of Paternity). Again, there is a 60 day window to rescind the AOP which did not happen here.

Therefore, the case falls under the Collateral Estoppel rule. In plain language, if you sit on your rights to a thing, eventually by your inaction, the right ceases to exist.

I see no way currently in the New York jurisdiction to file for and win a disestablishment of paternity suit at this late time.

Answer 2

When he acknowledged paternity, he accepted the responsiblity of supporting the child.

Has your husband also had a hand in raising this child? Does he have visitation rights, and does he take advantage of them?

If so, he is the child's father, DNA be damned.

In essence, legally, he adopted this child. He cared for it as his own, and the law will not let him back out of that.

You cannot be frauded into believing a child is yours in the eye of the law, because you do not HAVE to sign anything to be a child's father. He should have asked for a DNA test to begin with, although I understand why he did not.

In CA, if a mother's boyfriend (not husband, not fiancee) is paying more than 50% of the household expenses for a specificed amount of time (I believe it's 2 years) and the relationship ends, the mother can often get court ordered child support even though the man is not the father of the children, simply because the man took on that responsiblity.

The laws are meant to protect children. There are too many people out there that will help raise a child until it becomes too much of a burden and then walk away, leaving the child emotionally scarred, mentally wounded, and without enough money to survive.

I do feel for your husband's predicament, but I also think that, despite what has transpired, this child is still his daughter (even if not biologically) and he shouldn't turn his back on her now.

Answer 3

I don't know how any court, where the parents of a child are not married, will not allow the question of paternity be raised based on other compelling issues!

DNA testing is getting better all the time as it takes less of it. It has been allowed to be used in criminal cases and some have even gotten off of death row because of it.

I would say your husband has a case as he requested the court to conduct one. Where it gets sticky, it doesn't sound like the ruling was appealed! If he was represented, he has a case and an appeal based on his representation, or lack thereof! That might get him back into court! Though I don't know what for as he can't sue the court. Maybe his lawyer!

I imagine you can also sue the mother!

I am not an attorney, so if you need legal advice please go see one!

Answer 4

The only way you can find out for sure it to hire a lawyer to review the case; however, in many States, especially after 5 years, signing the birth certificate and paying child support he will be the defacto father, even if he has chosen not to have a relationship with the child, and there may not be any financial relief from child support until the child if they stay in school.

Although this may not seem fair to your or husband, the true victim in the matter is the poor child.

Answer 5

you prefer a criminal professional, possibly no longer the respond you prefer to pay attention - yet you may bypass interior the path of the suitable criminal channels. it would fee you at the instant, yet a minimum of he wont proceed to pay for a baby that's no longer his, nor that he can see and be an area of his/her existence.