Questions About Paternity Fraud Laws

When one is named as the father of a child in the middle of doubts regarding the paternity

, it is referred to as paternity fraud. Most of the times, when people are faced with this problem, they do not know whom to ask for answers. Given below are some of the questions that are commonly asked about paternity fraud.

Is there is reason why paternity fraud is not prosecuted?

Most of the times, in spite of committing paternity fraud, one may not be prosecuted. The judge may not order to conduct tests that can prove that one has committed paternity fraud. This is because such a scenario could spoil the bond that the person shares with the child and this may not be in the best interest of the child. The court also has the right to deny an individual a paternity test.

What can an individual do if he/she doubts the paternity of a child but pays the child support?

The person who is named on the childs birth certificate is considered to be the legal father of the child. This will hold well if the paternity is not contested within a year of the childs birth. Sometimes, the individual may request the court to dis-establish the paternity. Most of the times, this may not be allowed if the individual has posed as the childs father for many years.

Can an individual, who has raised a child, sue for back child support?

If one raises a child and does not get the paternity tested, then in all probabilities, the child may be considered to be his. Most states have a time limit within which an individual may request paternity. One may get the biological father and legally adjudicate him/her as the father of the child. If this is done, he may have to pay for child support.

Would it be paternity fraud if the birth certificate is falsified by someone?

A birth certificate is a legal document and anyone who falsifies it will be held liable. The biological father of the child has to be unaware of this act for it to be considered as a fraud.

Can the spouse be sued for paternity fraud?

One may not be able to sue ones spouse for paternity fraud. One may file for divorce instead. One may also request the court and waive the child support. If the court is not requested to cancel the child support one may have to continue to pay for it if one is not the custodial parent.

If you are confused about anything related to paternity fraud, you may ask a family lawyer instead of relying solely on the friendly advice from family and friends.

by: MeghanJones

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