What Steps Can I Take After Discovering Paternity Fraud: Handling Legal and Financial Implications
Discovering that you are a duped dad and a victim of paternity fraud is profoundly life-altering. Navigating this complex situation requires a comprehensive strategy to protect your financial interests and legal rights. This article will guide you through actionable steps, emphasizing the importance of legal advice and the potential avenues for child support, especially if you reside in California or a jurisdiction with similar laws.
Legal Strategies for Paternity Fraud Cases
One of the most critical steps in this situation is to contact a family law specialist licensed in your jurisdiction. Legal professionals can provide indispensable advice and support tailored to your specific circumstances.
Attorney's Role and Responsibilities
An experienced family law attorney will help you understand the nuances of paternity law, which can be quite complex. They can help negotiate settlements or represent you in court if necessary. The legal process may include:
Subpoenaing medical records and genetic tests to establish true paternity. Filing a petition to establish a legal relationship with the child. Suing the biological father for past or future child support.Options for Stopping Child Support
If you find that you are being ordered to pay child support, but you have not made financial contributions to the child, there are avenues to explore. In cases where you have been the victim of paternity fraud, certain legal measures can provide relief. Here are some considerations:
Move Out of the Country
In some jurisdictions, like California, courts prioritize the best interests of the child and the state's fiscal burden. However, if you are willing to move, consider:
Research the immigration laws and implications of moving with or without the child. Seek guidance from an immigration lawyer to ensure compliance with legal requirements. Understand the potential long-term impacts on the child's education and social development.Legal Action Against the Biological Father
In cases where you have obtained a determination of paternity, you may have grounds to sue the biological father. This can include:
Seeking child support arrears for up to 3 years. Filing for custody and visitation rights, if applicable. Challenging the paternity determination if the biological father's consent was fraudulent or coerced.Legal Precedent and Discrimination
There are instances where the courts have granted multiple legal fathers, challenging the traditional view that a child can only have one legal father. In California, this is particularly relevant due to the state's Supreme Court rulings and the lower appellate case law:
Cal Supreme Court rulings confirm that a child can have more than one legal father, regardless of the parents' sexual orientation. This is a powerful legal precedent for hetero males. A lawyer could argue that discriminating against hetero males in paternity laws is discriminatory and should not be upheld.Legal arguments can be complex and require a thorough understanding of the case law. Consider the following legal argument:
“So let me see if I got this right. If the petitioner father put his penis in the butthole of the Respondent then he could sue for paternity but because he is not inclined that way he can't.”
This hypothetical argument is a humorous way to highlight the legal absurdity if discriminatory laws are upheld.
Conclusion
The discovery of paternity fraud is not only a personal but also a legal challenge. By seeking guidance from experienced family law attorneys and understanding the legal landscape, you can take proactive steps to protect your rights and financial well-being. Contact a family law specialist today to discuss your options.