If my biological father falsified his paternity results 30 years ago, can I take legal action?

[BreezyB]

30 years ago in Louisiana, my biological father was required to take a paternity test. He was a police officer in our small town, and sent a look-a-like in to take his test for him. His finger prints were smudged, and he was "not the father." My mom did not have the means at the time to fight this and felt like she would not be successful because of his connections, so she did not pursue anything. However, she felt sure that he was the father.

Now, I have taken a 23andme DNA Test that shows one of his children to be my half-sibling and that I am related to his relatives. I feel certain that if he were required to take the test in person today that he would be my father.

I know it is a long shot, but can I or my mother pursue any legal action against him for doing this? I am not looking for a payday, but I do feel strongly that he deserves some sort of justice. My mom had to work two jobs her whole life and have her reputation tarnished because she "didn't know who the father of her baby" was. I feel like he deserves to bear some responsibility and clear my mother's name.

 

[Just Blue]

30 years ago in Louisiana, my biological father was required to take a paternity test. He was a police officer in our small town, and sent a look-a-like in to take his test for him. His finger prints were smudged, and he was "not the father." My mom did not have the means at the time to fight this and felt like she would not be successful because of his connections, so she did not pursue anything. However, she felt sure that he was the father.

Now, I have taken a 23andme DNA Test that shows one of his children to be my half-sibling and that I am related to his relatives. I feel certain that if he were required to take the test in person today that he would be my father.

I know it is a long shot, but can I or my mother pursue any legal action against him for doing this? I am not looking for a payday, but I do feel strongly that he deserves some sort of justice. My mom had to work two jobs her whole life and have her reputation tarnished because she "didn't know who the father of her baby" was. I feel like he deserves to bear some responsibility and clear my mother's name.

You live in a small town and one of the local police officers was able to get a impersonator to take the DNA test for him and the lab didn't catch this? That's odd...one would think that a small town police officer would be known to most everyone in town.

 

[BreezyB]

You live in a small town and one of the local police officers was able to get a impersonator to take the DNA test for him and the lab didn't catch this? That's odd...one would think that a small town police officer would be known to most everyone in town.

I would expect someone to know something, but not necessarily say something. It is definitely the sort of town where who you know really matters.

 

[zddoodah]

30 years ago in Louisiana, my biological father was required to take a paternity test. He was a police officer in our small town, and sent a look-a-like in to take his test for him. His finger prints were smudged, and he was "not the father."

I'm curious what your source is for this information since you obviously have no personal knowledge of this.

However, she felt sure that he was the father.

Why? I assume she told you at some time in the recent past that this is how she felt 30 years ago. Correct?

Now, I have taken a 23andme DNA Test that shows one of his children to be my half-sibling and that I am related to his relatives.

So...this child of his also took the test, along with other of his relatives? Which other relatives?

I know it is a long shot, but can I or my mother pursue any legal action against him for doing this?

No. Even if what you wrote is true, and even if you could prove it with competent evidence, you suffered no legal harm as a result. Your mother's recourse would have been to do something at the time, not three decades later.

I am not looking for a payday

Then there's no point in you spending thousands of dollars pursuing anything.

My mom had to work two jobs her whole life and have her reputation tarnished because she "didn't know who the father of her baby" was.

You're not going to like it, but she's the one who chose to have a child with a man to whom she wasn't married. Being unable to prove paternity is and always has been a well-known consequence of such promiscuity.

 

[Zigner]

No, you have no legal recourse, nor does your mother.
I suggest that you speak with a therapist to help you understand and deal with your discovery.

I wish you the best.

 

[BreezyB]

I'm curious what your source is for this information since you obviously have no personal knowledge of this.



Why? I assume she told you at some time in the recent past that this is how she felt 30 years ago. Correct?



So...this child of his also took the test, along with other of his relatives? Which other relatives?



No. Even if what you wrote is true, and even if you could prove it with competent evidence, you suffered no legal harm as a result. Your mother's recourse would have been to do something at the time, not three decades later.



Then there's no point in you spending thousands of dollars pursuing anything.



You're not going to like it, but she's the one who chose to have a child with a man to whom she wasn't married. Being unable to prove paternity is and always has been a well-known consequence of such promiscuity.

My source is my mom. I don't see any reason for her to lie about it after all this time. She has told me much worse things about herself than her possibly sleeping with another man at the time. This particular man was married and is not of means in anyway, so I'm not sure what she would gain by pinning it on him.

The other relatives are more distant, a couple cousins. 23andme can only show "relatives" if they have taken that particular test and choose to be public.

And the "consequences of promiscuity" should fall on both parties-- not just one. And if one, weasels his way out of it, he deserves to pay.

 

[Taxing Matters]

I feel like he deserves to bear some responsibility and clear my mother's name.

In order to file a successful lawsuit you need to have standing — which among other things means that you are seeking from the defendant some kind of remedy that the court can grant you, e.g. money damages, an injunction prohibiting the defendant from doing something that would cause you harm, etc. In this situation there is no remedy for you since there isn't any legal obligation he had to you — at least not directly. His only obligation here was to pay child support. That money would have gone to your mother, not you. So it was your mother who had to pursue it. And she knew what the deal was 30 years ago and could have pursued it then to reveal the fraud and establish paternity. She chose not to do so and the time for her to pursue it has long since passed.

Should he die intestate (without a will) and you would stand to inherit from his estate as one of his children then at that time you may have standing to raise the issue of paternity because at that point there is a remedy the court can give you — a share of his estate.

 

[stealth2]

And if one, weasels his way out of it, he deserves to pay.

It doesn't really work that way. The time to have addressed this was 30ish years ago. By your mother. Not by you. Sorry. If you want to know out of curiosity, you could approach him. But he cannot be compelled at this point.

 

[BreezyB]

In order to file a successful lawsuit you need to have standing — which among other things means that you are seeking from the defendant some kind of remedy that the court can grant you, e.g. money damages, an injunction prohibiting the defendant from doing something that would cause you harm, etc. In this situation there is no remedy for you since there isn't any legal obligation he had to you — at least not directly. His only obligation here was to pay child support. That money would have gone to your mother, not you. So it was your mother who had to pursue it. And she knew what the deal was 30 years ago and could have pursued it then to reveal the fraud and establish paternity. She chose not to do so and the time for her to pursue it has long since passed.

Should he die intestate (without a will) and you would stand to inherit from his estate as one of his children then at that time you may have standing to raise the issue of paternity because at that point there is a remedy the court can give you — a share of his estate.

Thanks! I assumed, based on other answers in other posts, that this would be the case. I just didn't know if there were other possible avenues where he might have to face consequences.

 

[BreezyB]

It doesn't really work that way. The time to have addressed this was 30ish years ago. By your mother. Not by you. Sorry. If you want to know out of curiosity, you could approach him. But he cannot be compelled at this point.

By pay I didn't mean money-- mean the pay the consequences. I did reach out to him and he said "your mom forced at least 5 men to take that paternity test and my results are clear. " I have not approached him or his family with the 23andme results, yet.

 

[Eekamouse]

In order to file a successful lawsuit you need to have standing — which among other things means that you are seeking from the defendant some kind of remedy that the court can grant you, e.g. money damages, an injunction prohibiting the defendant from doing something that would cause you harm, etc. In this situation there is no remedy for you since there isn't any legal obligation he had to you — at least not directly. His only obligation here was to pay child support. That money would have gone to your mother, not you. So it was your mother who had to pursue it. And she knew what the deal was 30 years ago and could have pursued it then to reveal the fraud and establish paternity. She chose not to do so and the time for her to pursue it has long since passed.

Should he die intestate (without a will) and you would stand to inherit from his estate as one of his children then at that time you may have standing to raise the issue of paternity because at that point there is a remedy the court can give you — a share of his estate.

And how would she have done that?

 

[Zigner]

By pay I didn't mean money-- mean the pay the consequences.

Pay the consequences? You mean, having you as a child would be a BAD thing?

You really need therapy to help you move on. Really.

 

[BreezyB]

And how would she have done that?

Right? I really appreciate all the sound legal advice but I really don't understand the need to be so harsh towards my mother who was a victim in this situation. She did bring the guy to court. She did not have the means to legally pursue this and was at a disadvantage. I get that now it is too late, but scrutinizing her is just unnecessary.

 

[Taxing Matters]

And how would she have done that?

She'd have pointed out the irregularities in the signature and fingerprints that the stand in provided and sought a new test with a different testing facility, one not connected with the local politics.

 

[BreezyB]

Pay the consequences? You mean, having you as a child would be a BAD thing?

You really need therapy to help you move on. Really.

You are twisting my words. I don't need therapy because I am asking a legal question on a legal forum. And justice is owning up to consequences when you have done wrong. The consequences weren't having me-- thank you very much. The consequences are legally (hence why I am on a legal forum) owning up to falsifying a paternity test.

Your assertions about my mental health are complete misrepresentations simply because I am asking a legal question. You are asserting that I am somehow mentally unstable for believing that when wrong is done, there should be consequences. Just because there should be, doesn't mean there will be. Because that is just life. I have simply presented a case to see if anything could be done about it. The answer appears to be no.

I'm not sure the reasoning for the harsh replies.