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

[zddoodah]

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.

So...your mother is the source of information that, not only is this man your biological father, he also "sent a look-a-like in to take his [paternity] test for him"? How could she possibly know that sort of detail? She obviously wasn't present when this happened, so she must have heard it from someone. Who is that someone?

Also, how many guys did your mother have sex with around the time you were conceived? Maybe the answer is just the one guy. If that's the case, then she can know for sure that he's your bio father. However, if the answer is anything more than one, then she can't know which of the men is your biological father.

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.

And everyone should be nice to everyone else, but what "should happen" doesn't always happen, and that's especially true in the case of a child born out of wedlock. It's a simple fact of reproductive biology that identifying the mother is easy but identifying the father isn't. Therefore, the consequences of having a kid out of wedlock fall more significantly on women than men, and there's nothing that the law can do to change how human reproduction works.

I had more than my fair share of out-of-wedlock sex 30 years ago, so I'm not saying anything bad about your mother. What I am telling you is that, if the story you've told about fraud in connection with the paternity test isn't likely coming from anyone with firsthand knowledge of what happened and therefore isn't likely reliable, so the likelihood that you could prove anything at this stage is practically non-existent (even if the court would entertain this many decades after the fact).

 

[Zigner]

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.

You may want to consider not accusing the man of a crime.

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.

You seem to want to "punish" the man.

 

[quincy]

You could ask a court to establish paternity. Establishing paternity now can provide you with a right to collect on your dad’s social security account and a right to inheritance later. You could also wait until your alleged-dad dies and try to establish paternity then.

 

[BreezyB]

So...your mother is the source of information that, not only is this man your biological father, he also "sent a look-a-like in to take his [paternity] test for him"? How could she possibly know that sort of detail? She obviously wasn't present when this happened, so she must have heard it from someone. Who is that someone?

Also, how many guys did your mother have sex with around the time you were conceived? Maybe the answer is just the one guy. If that's the case, then she can know for sure that he's your bio father. However, if the answer is anything more than one, then she can't know which of the men is your biological father.



And everyone should be nice to everyone else, but what "should happen" doesn't always happen, and that's especially true in the case of a child born out of wedlock. It's a simple fact of reproductive biology that identifying the mother is easy but identifying the father isn't. Therefore, the consequences of having a kid out of wedlock fall more significantly on women than men, and there's nothing that the law can do to change how human reproduction works.

I had more than my fair share of out-of-wedlock sex 30 years ago, so I'm not saying anything bad about your mother. What I am telling you is that, if the story you've told about fraud in connection with the paternity test isn't likely coming from anyone with firsthand knowledge of what happened and therefore isn't likely reliable, so the likelihood that you could prove anything at this stage is practically non-existent (even if the court would entertain this many decades after the fact).

It was just the one. She assumes that this is what happened because she went back and looked at the picture. The officer who she looked at it with her told her that the fingerprints could not be read. She did report the discrepancy with the office but she didn't pursue any other legal matters.

And agreed. What should happen just doesn't always happen. So no one could say "yes, I saw this man send someone else to do this" but I do think that there would be enough evidence now to infer that this is what happened if the courts kept the information all this time. At the same time, he could just say that testing wasn't as reliable then and that he was given a false negative.

 

[Zigner]

You could ask a court to establish paternity. Establishing paternity now can provide you with a right to collect on your dad’s social security account and a right to inheritance later. You could also wait until your alleged-dad dies and try to establish paternity then.

How would the OP force the competent adult man to submit to such a process?

 

[Zigner]

...but I do think that there would be enough evidence now to infer that this is what happened if the courts kept the information all this time.

A simple inference just isn't enough.

At the same time, he could just say that testing wasn't as reliable then and that he was given a false negative.

That's also quite possible.

 

[quincy]

How would the OP force the competent adult man to submit to such a process?

Court order.

A link to the law:

http://www.legis.la.gov/Legis/Law.aspx?d=109221

 

[BreezyB]

You may want to consider not accusing the man of a crime.


You seem to want to "punish" the man.

I am accusing the man of a crime. That is literally what I am asking about. I believe he committed a crime. Maybe 30 years ago and no longer valid, maybe a comparably small crime, but yes... I believe he was wrong. I do believe he should or should have received just punishment.

I'm sorry if that doesn't gel with you. Maybe it is you who could pursue therapy as to why you might be so touchy about a woman accusing a man of a crime that he very likely did commit?

 

[quincy]

I am accusing the man of a crime. That is literally what I am asking about. I believe he committed a crime. Maybe 30 years ago and no longer valid, maybe a comparably small crime, but yes... I believe he was wrong. I do believe he should or should have received just punishment.

I'm sorry if that doesn't gel with you. Maybe it is you who could pursue therapy as to why you might be so touchy about a woman accusing a man of a crime that he very likely did commit?

I recommend you do not accuse the man of a crime without proof of the truth of your accusations. You could be sued for defamation if your claims turn out to be false.

Speak with an attorney in your area about establishing paternity. Until you have that, you have nothing except a story.

 

[Zigner]

Court order.

A link to the law:

http://www.legis.la.gov/Legis/Law.aspx?d=109221

Good find.

 

[BreezyB]

You could ask a court to establish paternity. Establishing paternity now can provide you with a right to collect on your dad’s social security account and a right to inheritance later. You could also wait until your alleged-dad dies and try to establish paternity then.

What would the process for this look like?

I recommend you do not accuse the man of a crime without proof of the truth of your accusations. You could be sued for defamation if your claims turn out to be false.

Speak with an attorney in your area about establishing paternity. Until you have that, you have nothing except a story.

What would be considered proof? I am accusing a man anonymously on this thread for the purposes of asking this question. I wanted advice here to see if I even had a case before I took it to an attorney.

 

[Zigner]

What would the process for this look like?

You would want to consult with an attorney. Make SURE you mention to him that the man has already been found to NOT be your father by a court of competent jurisdiction using DNA.

What would be considered proof? I am accusing a man anonymously on this thread for the purposes of asking this question. I wanted advice here to see if I even had a case before I took it to an attorney.

This gets to the heart of it. What do you hope to gain from this? You are not going to see the man "punished", but you may be able to gain some benefits from government programs, etc., that you become entitled to by virtue of being his child.

 

[Zigner]

Court order.

A link to the law:

http://www.legis.la.gov/Legis/Law.aspx?d=109221

As I just mentioned in my reply to the OP, the man has already been found (through DNA testing) by the court to NOT be the father. The OP may find that to be an insurmountable hurdle.

 

[Taxing Matters]

You would want to consult with an attorney. Make SURE you mention to him that the man has already been found to NOT be your father by a court of competent jurisdiction using DNA.

If in fact the court in that earlier matter made a specific determination that he was not the father that would indeed present a problem. The father could raise the doctrine of issue preclusion to attempt to block the OP from pursuing the determination of paternity.

 

[quincy]

As I just mentioned in my reply to the OP, the man has already been found (through DNA testing) by the court to NOT be the father. The OP may find that to be an insurmountable hurdle.

That could be a problem. Yes.

BreezyB, you will want to review all of this with an attorney in your area. Because there are benefits to you of correctly establishing paternity, it can be worth the personal review.