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Mistaken Identity Paternity Suit

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mduncan65

Junior Member
What is the name of your state?What is the name of your state? Georgia

I have received a written order for genetic testing, coupled with a declaration that I have been named the father of an 8-year old child, in Louisiana. The letter was sent from the Louisiana Dept. of Social Services, Family Support.

The problem is that the woman named as the mother is someone I am 100 percent certain I have never met in my life. I have absolutely no doubt that there is zero chance that this child could be mine, for several reasons beyond not ever meeting the mother (including geography, a committed relationship spanning the time of conception, and a history of zero promiscuity). This is either a case of mistaken identity (thousands of men in the US share my name), stolen identity, or a complex financial scam.

I am trying to make sense of this and ascertain my options, and have a few key questions.

1. Does the state of Louisiana have jurisdiction over me, living in Georgia?
2. Is there a statute of limitations on claiming paternity in a suit?
3. If this is mistaken identity, how could that happen? Does the plantiff not have to have an evidentiary basis for the paternity accusation?
4. What is the risk involved in reporting for the DNA test (they have scheduled it in Georgia)? Can these things be unreliable, or the results compromised?
5. Is there any legal risk in contacting Louisiana's Social Services department directly, to try and investigate how this originated (and whatever proof they might be claiming)?

I would really appreciate any feedback or advice. I'm trying to determine if I need to engage an attorney (apparently, it would have to be one in Louisiana, according to those I've spoken to in Georgia).
 


rmet4nzkx

Senior Member
mduncan65 said:
What is the name of your state?What is the name of your state? Georgia

I have received a written order for genetic testing, coupled with a declaration that I have been named the father of an 8-year old child, in Louisiana. The letter was sent from the Louisiana Dept. of Social Services, Family Support.

The problem is that the woman named as the mother is someone I am 100 percent certain I have never met in my life. I have absolutely no doubt that there is zero chance that this child could be mine, for several reasons beyond not ever meeting the mother (including geography, a committed relationship spanning the time of conception, and a history of zero promiscuity). This is either a case of mistaken identity (thousands of men in the US share my name), stolen identity, or a complex financial scam.

I am trying to make sense of this and ascertain my options, and have a few key questions.

1. Does the state of Louisiana have jurisdiction over me, living in Georgia?
LA has jurisdiction of the child that is what determines jurisdiciton, you still must comply with the test.

2. Is there a statute of limitations on claiming paternity in a suit?
Yes, age of majority in LA.

3. If this is mistaken identity, how could that happen? Maybe you have a common name or someone used your name

Does the plantiff not have to have an evidentiary basis for the paternity accusation? Usually the live birth of a child and a paternity action.

4. What is the risk involved in reporting for the DNA test (they have scheduled it in Georgia)? This may be a simple blood test or Buccal swab, very little risk
Can these things be unreliable, or the results compromised? LA requires 99.9% accuracy so unless you have an identical twin brother using your name...
5. Is there any legal risk in contacting Louisiana's Social Services department directly, to try and investigate how this originated (and whatever proof they might be claiming)?
Did you receive any court papers besides court order for DNA testing? You may be able to file a response, but if you have not had sex with anyone outside of your current relationship or relationship at that time, what do you have to worry about? If someone is using your name, how is that the fault of you, the woman or the child? Even if you are not the father, dosn't automatically mean there is fraud.

I would really appreciate any feedback or advice. I'm trying to determine if I need to engage an attorney (apparently, it would have to be one in Louisiana, according to those I've spoken to in Georgia).
If you have no relationship or exposure then the DNA will be negative, be sure to present with your picture ID for testing. If you have had sex, just because you don't recognize the name doesn't mean you are not the father. Only you know the truth or whether or not you need an attorney. Having an attorney won't change the DNA test if it is positive or your reaponsibility to support a child you fathered even if you only had sex one time, remember, conception can occur without intercourse or ejaculation.
 

the_destiny

Junior Member
mduncan65 said:
What is the name of your state?What is the name of your state? Georgia

I have received a written order for genetic testing, coupled with a declaration that I have been named the father of an 8-year old child, in Louisiana. The letter was sent from the Louisiana Dept. of Social Services, Family Support.

The problem is that the woman named as the mother is someone I am 100 percent certain I have never met in my life. I have absolutely no doubt that there is zero chance that this child could be mine, for several reasons beyond not ever meeting the mother (including geography, a committed relationship spanning the time of conception, and a history of zero promiscuity). This is either a case of mistaken identity (thousands of men in the US share my name), stolen identity, or a complex financial scam.

I am trying to make sense of this and ascertain my options, and have a few key questions.

1. Does the state of Louisiana have jurisdiction over me, living in Georgia?
2. Is there a statute of limitations on claiming paternity in a suit?
3. If this is mistaken identity, how could that happen? Does the plantiff not have to have an evidentiary basis for the paternity accusation?
4. What is the risk involved in reporting for the DNA test (they have scheduled it in Georgia)? Can these things be unreliable, or the results compromised?
5. Is there any legal risk in contacting Louisiana's Social Services department directly, to try and investigate how this originated (and whatever proof they might be claiming)?

I would really appreciate any feedback or advice. I'm trying to determine if I need to engage an attorney (apparently, it would have to be one in Louisiana, according to those I've spoken to in Georgia).
No there is no statue of limitation on parternity, If you are sure the child is not yours, just take the test prove it and go home!!
 

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