Paternity Fraud

[lylah]

What is the name of your state? NH

What laws are there about Paternity fraud? I have read that a father who signed the birth certificate believing he is the childs father, then has a test done to find out he is not is still obligated to child support payments but does not have the right to see the child.? . My husband has not had the test done yet with his daughter. There are no legal/court ordered papers in their situation. My husband has taken care of his daughter for 14 years but rumor has been all these years that the child isnt his. But just in case something ever arises he wants to know what his rights/protection is.

 

[seniorjudge]

14 years?!

He's the dad.

 

[lylah]

Thanks for that comment, but we still are tyring to find out the laws about Paternity Fraud

The reason he never pushed the issue was because he is so afraid of not being able to see the child. The man who also is in question about being the father just passed away 3 years ago from a health issue.
Again..we need to know what the laws are about Paternity.

 

[Ohiogal]

Thanks for that comment, but we still are tyring to find out the laws about Paternity Fraud

The reason he never pushed the issue was because he is so afraid of not being able to see the child. The man who also is in question about being the father just passed away 3 years ago from a health issue.
Again..we need to know what the laws are about Paternity.

After 14 years he is dad. That is plain and simple fact. Was he married to the woman at the time the child was born? Why did he sign an AOP if he was not certain he was dad? If he signed an AOP he admitted that he was dad and legally that is all that matters. If he has not signed an AOP then how did he get on the birth certificate? And quite frankly after 14 years does the DNA matter if he is really daddy in his heart? He has no obligation to support the child and no rights to visit if he was not married to mom at the time the child was born. But you are not going to get a simple answer to your question.

 

[seniorjudge]

http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XII-168-A.htm

Google is your friend.

No one is going to let him off the hook after 14 years. Technically, they have 18 years to try.

 

[haiku]

Where was the kid born?

Was your husband married to the mother at the time of birth?

If he was NOT and he never acknowledged paternity under the state law, he may not be legally be the father, until he legally accepts parternity.

if there is NO court order for support he is not obligated to pay anything.

if there are no orders for visitation the mother is not obligated to allow visitation to continue.

 

[lylah]

No one is going to let him off the hook after 14 years

I dont recall saying that he was trying to get off the hook..sorry I came here..

 

[Ohiogal]

I dont recall saying that he was trying to get off the hook..sorry I came here..

YOu really need to try and understand what is being said -- after 14 years he will not be let off the hook. Do you UNDERSTAND WHAT THAT MEANS? If not let me spell it out for you -- he will be considered the legal father regardless of DNA which means a court would recognize the LEGAL RIGHTS AND OBLIGATIONS OF A FATHER including paying child support AND visitatition/custody. Why does that upset you??????

 

[ceara19]

Sine no DNA test has been performed, no paternity fraud has taken place. He WILLINGLY accepted the child as his own. It doesn't matter what the mother may or may not have told him at the time. Lying to a prospective father isn't fraud. He had the opportunity to request a blood test before agreeing to sign anything. Unless he only signed the birth certificate because someone was holding a gun to his head, he did so of his own free will.

In order to even claim paternity fraud, he will need to prove that he did request a blood test AND that mom tampered with that test in a manner which lead to the results falsely proving him to be the father. Even if he could do that, it in no way, shape or form means that he would be removed as the child's LEGAL father. Especially considering that mom would be facing serious criminal charges. It would not be in the best interest of a CHILD to lose mom when she's carted off to jail and to lose the only father she has ever known at the same time.

Do you understand NOW?

 

[LdiJ]

I think that we misunderstood the OP. I think that dad was more concerned about losing his parental rights than anything else, and until Ohiogal responded up above we really weren't clearly spelling it out that he wouldn't lose his parental rights.

I think that OP was getting frustrated because we were only clear about the child support issues, and that wasn't really what he/she wanted to know.