Are You a Victim of Paternity Fraud?

Paternity fraud occurs when a man provides financial, emotional, and legal support to a child that he believes is his biological child, but in fact, is not. If you suspect that the child you have been raising is not your own, what can you do?

In Florida, when a married woman gives birth, her husband is automatically listed as the legal father on the birth certificate unless he signs a denial of paternity. Once listed, whether or not he is the biological father of the child, he becomes the legal father of the child, which means that in the event of a divorce, he has rights to parenting time and decision-making for the child, as well as a responsibility to pay child support, if mandated by his divorce decree.

Either before or after the divorce, the man may discover or suspect that the child he was raising is not actually his biological child. This is a highly traumatic situation for both the father and the child. It’s essential to meet with a South Florida family law attorney right away to learn your legal options. Additionally, both the father and child may wish to seek psychological counseling.

If a similar situation has happened to you, you will need to decide how you would like to proceed with your relationship with the child. Some legal fathers choose to maintain their relationship with the child even in the absence of a biological relationship. Others would prefer to discontinue it.

If you decide that you would like to discontinue your relationship with the child, the first step to disestablishing paternity is taking a DNA test. Then, within 90 days of your DNA test, your attorney will file a Petition to Disestablish Paternity and/or Terminate Child Support. For the court to consider your petition, you must meet the following criteria:

• Be up-to-date with your current child support obligations. You cannot stop paying child support until you receive approval from the court to do so.
• Have not adopted the child.
• Did not conceive the child through artificial insemination while married to the mother.
• Did not prevent the biological father from asserting his parental rights.
• The child is under age 18.

Once you submit the petition, the court will decide whether to terminate your parental rights and obligations to the child. It’s important to note that Florida places the best interest of the child above all other considerations. This means that if the court feels it is in the best interest of the child for you to continue to pay child support, you may have to do so, even if the child is not biologically related to you.

Paternity fraud creates both legal and psychologically complex situations. Don’t handle this alone. Contact Troy Legal for expert legal guidance during this difficult period.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.