What You Should Know About Paternity Fraud in Family Law Cases

Paternity is an important part of many family law cases, particularly when it comes to child support, custody, and visitation rights. But what happens when the established paternity turns out to be based on false information?

What is Paternity Fraud?

Paternity fraud typically involves a situation where the mother of a child knowingly misrepresents the identity of a child’s biological father. This misrepresentation can occur for a variety of reasons, including financial security or emotional motivations. However, not all cases of incorrect paternity arise from deliberate deception. Sometimes, mothers genuinely believe the information they’re providing is accurate, only to discover later that it is not. Wherever the fault lies, paternity fraud often leads to a man being named as the child’s legal father, which can result in erroneous family law situations and complicated disputes.

How to Uncover Paternity Fraud

Paternity fraud is typically uncovered through genetic (DNA) testing, which offers highly accurate results, confirming or excluding someone as a child’s biological parent. DNA testing is often introduced in family law cases where paternity is in question or where new information suggests the need for clarification.

Oftentimes, paternity fraud or mistakes are uncovered through:

• Suspicion during custody battles: Disputes over custody or visitation rights sometimes raise questions about paternity that prompt a legal demand for DNA testing.
• Requests for child support modifications: When a father faces financial hardship or other concerns and requests a change to child support payments, paternity might be reexamined.
• Access to medical records: Anomalies in medical history, such as genetic incompatibilities, can stir questions about a child’s biological parentage.
• Voluntary testing: Sometimes, a father voluntarily decides to confirm paternity for personal or legal reasons and discovers unexpected results.

Legal Consequences of Paternity Fraud

Once paternity fraud is brought to light, it can significantly alter the outcome of related family law matters. However, addressing the issue isn’t as simple as producing a DNA test. California’s family law system has specific laws and timelines that can affect how such cases are handled.

The consequences of paternity fraud once it is discovered can vary, such as:

• Child support obligations: If a man has been paying child support for a child who is later proven not to be his, he may feel entitled to recover those payments. However, in California, child support payments made before the discovery of fraud are generally non-refundable, especially when the mother of the child genuinely believed the man was the father. That said, the man may be able to stop all future child support obligations by filing a legal claim to challenge or disestablish paternity.
• Custody and visitation rights: A man who learns he is not a child’s biological father might begin the process of terminating any court-ordered responsibilities. However, if he has built a strong parental relationship with the child, courts may be reluctant to sever those ties in the child’s best interest. Indeed, the man may want to continue acting as the child’s father in every capacity.
• Impact on the child: The courts’ primary concern is always the child’s welfare. Even in cases of paternity fraud, judges must carefully weigh the potential emotional and developmental harm to the child before dissolving or changing an established parental relationship.

Get Gill Law Group, PC On Your Side

Paternity fraud cases demand meticulous attention to legal details and a compassionate understanding of their emotional toll. At Gill Law Group, PC in Orange County, California, we have extensive experience representing clients who are navigating the complexities of paternity issues, including uncommon cases of paternity fraud. We can work closely with you to evaluate the specifics of your case, provide clear guidance on how to proceed, and protect your financial and emotional well-being throughout the process. From securing court-ordered DNA testing to standing up for your rights in court, our firm is dedicated to helping you achieve a fair, just resolution.