If my biological father falsified his paternity results 30 years ago, can I take legal action?

[stealth2]

your mom forced at least 5 men to take that paternity test

Uumm.... yet Mom "knows" it was him?

 

[BreezyB]

That could be a problem. Yes.

BreezyB, you will want to review all of this with an attorney in your area. Because there are benefits to you of correctly establishing paternity, it can be worth the personal review.

Thank you! I don't want to take anything away from his family-- it's not something they did. But as a matter of principle, I would like it to be established and have my mother's name "cleared".

Uumm.... yet Mom "knows" it was him?

An example of the judgment my mother has faced based off of this man's actions. Somehow, even with the 23andme evidence showing that this man's kid is my half-sibling, him saying my mom "had 4 other men tested" is believed quicker than some pretty decent evidence otherwise. This is exactly why I believe my mom deserves to have her name cleared in this matter. It is one thing to be judged as promiscuous, but to also be called a liar is unwarranted.

 

[quincy]

BreezyB, the fact that you have test results indicating you share DNA with the man’s other child can be important when trying to support a court order. You should find an attorney in your area to see what kind of chance you will have in getting a paternity test.

Testing is more sophisticated now so it is possible that a court could order it, despite the testing done 30 years ago.

It won’t hurt to have a personal review, at any rate.

 

[BreezyB]

BreezyB, the fact that you have test results indicating you share DNA with the man’s other child can be important when trying to support a court order. You should find an attorney in your area to see what kind of chance you will have in getting a paternity test.

Testing is more sophisticated now so it is possible that a court could order it, despite the testing done 30 years ago.

It won’t hurt to have a personal review, at any rate.

Thanks again! I'll definitely talk to an attorney.

 

[quincy]

Thanks again! I'll definitely talk to an attorney.

That seems smart.

Good luck.

 

[Zigner]

An example of the judgment my mother has faced based off of this man's actions. Somehow, even with the 23andme evidence showing that this man's kid is my half-sibling, him saying my mom "had 4 other men tested" is believed quicker than some pretty decent evidence otherwise. This is exactly why I believe my mom deserves to have her name cleared in this matter. It is one thing to be judged as promiscuous, but to also be called a liar is unwarranted.

Did your mom have 4 other men tested?
Look - your mom did what she did. That can't be changed. Your obsession with something that happened 30 years ago borders on unhealthy.

 

[quincy]

Did your mom have 4 other men tested?
Look - your mom did what she did. That can't be changed. Your obsession with something that happened 30 years ago borders on unhealthy.

BreezyB said it’s a small town. I personally find nothing wrong with BreezyB wanting to clean up his mother’s smeared reputation and, in the process, establish paternity.

 

[zddoodah]

I would like it to be established and have my mother's name "cleared".

A question for you: before you did this home DNA test, when was the last time that anyone whose opinion matters to you or your mother said anything negative about her with respect to the circumstances leading to your conception and birth?

 

[stealth2]

Uumm.... yet Mom "knows" it was him?

Point being, if Mom had more men than who you believe to be your father tested - she didn't/doesn't *know*. She may suspect strongly. But that's it. Your 23&Me results? I can think of at least one way you'd get the result you did w/o this man being your biological father. I'm sure there are more.

 

[quincy]

Here is a link to general information on defamation, published by the Digital Media Law Project (2014):

http://dmlp.org/book/export/html/1813

The mom potentially could have a defamation claim if there has been continued false statements made about her.

 

[Taxing Matters]

Thank you! I don't want to take anything away from his family-- it's not something they did. But as a matter of principle, I would like it to be established and have my mother's name "cleared".

Louisiana law may allow you to pursue a paternity action — though as noted before if there was a specific determination by a court 30 years ago that may be a problem for you — but a finding that he is, in fact, your father may not do as much to "clear" her name as you hope. Does it really matter who the father is, or is her reputation based on having had a kid out of wedlock, regardless of who the daddy was? Certainly it might have an effect on his reputation. If that's really what you are going for, attacking his reputation, then the action might help accomplish that.

 

[LdiJ]

So...your mother is the source of information that, not only is this man your biological father, he also "sent a look-a-like in to take his [paternity] test for him"? How could she possibly know that sort of detail? She obviously wasn't present when this happened, so she must have heard it from someone. Who is that someone?

Also, how many guys did your mother have sex with around the time you were conceived? Maybe the answer is just the one guy. If that's the case, then she can know for sure that he's your bio father. However, if the answer is anything more than one, then she can't know which of the men is your biological father.



And everyone should be nice to everyone else, but what "should happen" doesn't always happen, and that's especially true in the case of a child born out of wedlock. It's a simple fact of reproductive biology that identifying the mother is easy but identifying the father isn't. Therefore, the consequences of having a kid out of wedlock fall more significantly on women than men, and there's nothing that the law can do to change how human reproduction works.

I had more than my fair share of out-of-wedlock sex 30 years ago, so I'm not saying anything bad about your mother. What I am telling you is that, if the story you've told about fraud in connection with the paternity test isn't likely coming from anyone with firsthand knowledge of what happened and therefore isn't likely reliable, so the likelihood that you could prove anything at this stage is practically non-existent (even if the court would entertain this many decades after the fact).

I dunno, that

Did your mom have 4 other men tested?
Look - your mom did what she did. That can't be changed. Your obsession with something that happened 30 years ago borders on unhealthy.

I don't agree with you Zig. She found out recently that she is a sibling of one of his acknowledged children. I do not think it is even remotely an obsession to have questions about whether or not he can be held accountable now. I think it is in poor taste for you to suggest that it is an obsession.

 

[quincy]

I dunno, that


I don't agree with you Zig. She found out recently that she is a sibling of one of his acknowledged children. I do not think it is even remotely an obsession to have questions about whether or not he can be held accountable now. I think it is in poor taste for you to suggest that it is an obsession.

I agree. Knowing a biological dad’s medical history can also be important.

 

[Eekamouse]

She'd have pointed out the irregularities in the signature and fingerprints that the stand in provided and sought a new test with a different testing facility, one not connected with the local politics.

Fingerprints? She had a copy of his fingerprints to compare to the paternity paperwork? I sincerely doubt she did. And how would she have gotten him to agree with taking another test?

 

[quincy]

I think the DNA match with the man’s other child is pretty convincing evidence.