Paternity Fraud In Florida: What It Is And How It Works
Paternity fraud occurs when a man is wrongly identified as the biological father of the child. This often leads the man to provide emotional and financial support to the child under false pretenses. This often occurs due to misrepresentation, mistakes on birth certificates, or the deliberate deception of the mother.
Paternity fraud is a situation that brings about significant emotional, financial, and legal challenges. In this article, the Orlando family law attorneys at Greater Orlando Family Law will discuss paternity fraud in Florida.
How does paternity fraud happen?
Paternity fraud can happen in a few different ways. In some cases, it could be an honest mistake—the mother actually believes that the wrong man is the father of the child when he isn’t. In other cases, it can be deliberate. When a mother names a specific man as the father, knowing that there’s a chance that he isn’t. A mother might do this to secure financial support or to keep the relationship intact.
It happens more often than you may think. A man has been dutifully paying child support for years, believing he is doing the right thing for his child. One day, he discovers through a medical test that he is unable to have children. His world is now turned upside down. He feels betrayed not only by the woman he loves but by the system that misled him. No one would want to find themselves in this situation.
Legal consequences to the defrauded father
Once a father discovers that they are not the father of the child, there are immediate legal repercussions. In most cases, a man who has been supporting a child financially is legally obligated to continue to do so, even after he discovers he is not the biological father of the child. Florida law requires a court order to modify or terminate a child support arrangement. The defrauded father would have to continue making child support payments until a judge rules he is no longer required to do so.
The father can challenge paternity, but the process is not simple or straightforward. It involves filing a petition with the court, undergoing genetic testing, and presenting the results. The court will then review the case taking into account the child’s best interests.
Legal remedies in Florida for paternity fraud
In Florida, the first step to battling paternity fraud is to request a DNA test to establish that you are not the biological father of the child. If the test proves you are not the father, you can petition the court to terminate your existing child support obligations and amend the child’s birth certificate.
However, it’s important to note that the court considers several factors when lifting the support obligation. Generally speaking, the court considers the best interests of the child above all other considerations. This means that even with proof of fraud, a man could still end up paying child support for a child that technically isn’t his. This is especially true if the purported father established a father-like relationship with the child. Your best bet is to contact an Orlando paternity lawyer the moment you find out that a child is not yours.
Talk to an Orlando Paternity Attorney Today
Greater Orlando Family Law represents the interests of fathers in paternity actions. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your goals and concerns right away.
