Paternity fraud is an issue many men face, but what does it mean and how can you take steps to protect yourself and your children?

2. We love our children. For many of us, they form the center of our
universes. That is a big reason why custody disputes are so often heated,
complicated, contentious affairs. In these cases, there is guardianship to
determine, visitation schedules to arrange, child support payments to
make, and more. But what if, after all of this, it turns out the child isn’t
yours? That may throw your whole worldview into upheaval, not to
mention lead to thorny legal territory.

3. While not common, sometimes a man winds up supporting a child he thought was his, but
that wasn’t actually his biological offspring. In a recent case in Georgia, a man who paid child
support for more than a decade received a large settlement from the birth mother and
biological father when he learned he was not the father. This is a rarity, however, and in many
similar cases of paternity fraud, such restitution is not doled out.

4. On a dictionary definition level, paternity is the state of being a father. In
California, the term is often used interchangeably with parental relationship
and parentage. Either the courts or the parents can establish paternity in a
number of ways.

5. The easiest and most straightforward method to establish paternity is voluntarily. If the
parents are not married, when a child is born, the mother and father sign a form, a Voluntary
Declaration of Paternity, which acknowledges that they are in fact the legal parents. The father
can then be added to the child’s birth certificate.

6. Paternity can also be established through the court system. In California,
the child’s mother, the man who believes he is the father, an adoption
agency, or an organization providing support for the mother, can all
request that the court rule on paternity.

7. Unless proven otherwise, when a child is born during a marriage, the mother’s husband is
assumed to be the biological father. If a man has been residing with a mother and child as a
family, and he has shown a dedication and connection to the child, he may be presumed to be
the father. Basically, if a man acts like a father, even if he is not the biological parent, he may
still be recognized as such in a legal sense.

8. It’s after this that things can get even more complicated. In California, a
declaration of paternity can be rescinded by either party within the first 60
days. If there is a question of parentage, it is possible to undergo a DNA
test to determine whether a man is, in fact, the father. This, however,
comes with a statue of limitations, and in this state, you have two years to
file a motion for genetic tests after paternity has been pronounced.

9. In some circumstances, even if a man undergoes these tests and it is determined he is not the
biological father, the court may decide it is in the child’s best interest to deny this declaration.
In making a decision like this, the judge will take a number of factors into account, including
the age of the child in question, the length of the relationship, and how long it has been since
the declaration was signed. It’s because of this that many men often continue to support
children they know for a fact are not genetically theirs.

10. There is another side to this coin, however. Much of this presumes that,
when a man discovers he is the victim of paternity fraud, he may want out,
that he may want nothing to do with continuing to care for this child. But
that is not always the case. In some situations, the bond is strong enough
that he may want to remain a part of the child’s life.

11. Especially in instances where a man has been acting as the father for a long time, even if he is
not necessarily the genetic parent, he can still retain parental rights. Regardless of whether or
not you are related by blood, it is possible to develop deep, fatherly feelings for a child. These
don’t automatically go away because of a DNA test. If you’ve been a child’s father since day
one, looking at a result on a piece of paper doesn’t magically change the bond you share.

12. Additionally, cases of mistaken paternity, whether accidental or intentional,
can exact a substantial toll on the children involved, not just the parents. It
can be psychologically damaging to learn that the person you looked at as
your father is not actually related to you. Again, that doesn’t necessarily
diminish any connection between the two of you, but it can be quite a
shock and disruption. This can be further influenced by the age of the child
and whether or not the father remains in the picture.

13. Without clear family histories, children are also open to additional health risks. There is the
potential for hereditary diseases to manifest when no one is looking. It’s possible for ailments
to be passed down, but because it’s not in the disclosed medical records, symptoms may fly
under the radar.

14. In one case, there were reports where a six-year-old boy was fishing
with the man he thought was his father. He cut himself on a rusty
fishhook. When they went to the hospital he was given antibiotics and
died from anaphylactic shock. It turns out that his biological father had
a severe allergy that he passed on, unbeknownst to the other man, and
the results were tragic.

15. That is obviously an extreme example, but it illustrates the significant consequences this kind
of deception can have. Such situations won’t always be life and death, but the results can have
catastrophic consequences for everyone involved.

16. There are ways to protect yourself from paternity fraud. Some are even
pushing for mandatory DNA tests at birth. That may be a bit intense, but if
you have concerns over your paternity claim or questions about how to
safeguard yourself and your children, feel free to contact Goldberg
Jones at our San Diego office and we’ll be happy to discuss the specifics of
your case.

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