Paternity fraud occurs when the mother or alleged after of a child tries to establish or deny paternity through deception or misinformation. It is possible for paternity disputes to arise for reasons of child support or custody. A mother may name a man as the father in order to collect child support, or a man may deny that he is the after in order to circumvent child support obligations.
In Florida, paternity can be established several ways. Whether through court order, marriage, genetic testing or voluntary acknowledgement, a man can be named the father of a child and accept his legal responsibilities. In the case of paternity fraud, a man may be falsely identified as the father of a child, or he may falsely deny that he is the father. It is also possible that the mother or alleged father may have tampered with test results or evidence, which may result in a criminal charge.
Extrinsic fraud is a fraudulent act that keeps a person from obtaining information about his/her rights to enforce a contract or getting evidence to defend against a lawsuit. This can include the destroying of evidence or misleading a person about his or her right to sue. In the case of paternity, the alleged father may engage in extrinsic fraud in order to relieve himself of any legal obligations toward a child. A mother may perpetrate extrinsic fraud in order to receive child support payments from an alleged father.
Paternity fraud can have a huge impact on the people involved. The biggest impact is on the children, who can lose out on support they may need. Additionally, paternity fraud can affect the children’s health by not allowing them to know the medical history of their biological father.
DNA testing offers accurate results in order to establish or disestablish paternity. If you think you were falsely accused of paternity, or if the man you believe is the father of your child is trying to deny paternity, it is important to get a DNA test done in order to accurately determine a father’s legal obligations toward a child. False accusations of paternity can have long-term implications. An experienced Fort Lauderdale paternity fraud lawyer can help you through the process of establishing paternity and represent those who are falsely accused. For more information regarding your rights in a paternity fraud claim, contact Serena Carroll from The Carroll Law Firm at 954-525-2050.