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

[BreezyB]

For clarity: my mom did not have 4 men tested— that was what my biological father said when I reached out to him. She actually had only one man tested.
So why make it into a case if I don’t really get much from it? It’s principal and pride. 30 years later, no one cares that much and they’ve all made their own mistakes. But I do feel like she deserves that vindication. It was a lie that greatly affected both of our lives.

 

[quincy]

For clarity: my mom did not have 4 men tested— that was what my biological father said when I reached out to him. She actually had only one man tested.
So why make it into a case if I don’t really get much from it? It’s principal and pride. 30 years later, no one cares that much and they’ve all made their own mistakes. But I do feel like she deserves that vindication. It was a lie that greatly affected both of our lives.

You could have something to gain besides vindication. Social security benefits and inheritance when your biological dad dies.

 

[Taxing Matters]

Fingerprints? She had a copy of his fingerprints to compare to the paternity paperwork? I sincerely doubt she did. And how would she have gotten him to agree with taking another test?

He was a cop and almost certainly would have had fingerprints that would have been available through discovery. And she doesn't have to get him to agree to take another test. As I indicted, she'd have filed a motion with the court to ORDER him to take another test. Believe me, if she was able to convince the court that it appeared that he may have fudged the test at least most judges would not hesitate to order another test done, with sufficient safeguards in place on the second one to ensure the right guy showed up.

 

[BreezyB]

You could have something to gain besides vindication. Social security benefits and inheritance when your biological dad dies.

Would there be social security benefits if he worked for the state?

 

[quincy]

Would there be social security benefits if he worked for the state?

Possibly. A government pension could affect benefits.

 

[Taxing Matters]

Would there be social security benefits if he worked for the state?

If the state opted out of Social Security benefits it is because it has its own pension program for its workers. Indeed, often state and local employee pensions are pretty generous compared to private sector pensions as one way to compensate for what are often lower wages than the employee could get in the private sector. Depending on the rules for that pension and his circumstances at the time he dies (i.e. whether he has a surviving spouse when dies) you might stand to get some benefits from that.

 

[quincy]

BreezyB should be able to find out more information about this if he is able to get the matter before a court to establish paternity.

An attorney can let him know the various ways he stands to benefit - and BreezyB can also inquire about the possibility of a defamation claim his mom might have (which would depend on facts not disclosed yet here).

 

[Taxing Matters]

and BreezyB can also inquire about the possibility of a defamation claim his mom might have (which would depend on facts not disclosed yet here).

And as part of that, he should discuss with the attorney what statute of limitations (SOL) issues might kill any defamation lawsuit. Statements made 30 years ago would generally not be actionable today, for example.

 

[quincy]

And as part of that, he should discuss with the attorney what statute of limitations (SOL) issues might kill any defamation lawsuit. Statements made 30 years ago would generally not be actionable today, for example.

In Louisiana, a defamation claim must be filed within one year of the first publication of the defamatory statement.

I mentioned in an earlier post that a defamation claim would depend in part on any continuing defamatory statements made about his mom. She would not be able to sue over defamatory statements made about her 30 years ago, even if her reputation suffered as a result of those statements.

 

[Zigner]

I don't agree with you Zig. She found out recently that she is a sibling of one of his acknowledged children. I do not think it is even remotely an obsession to have questions about whether or not he can be held accountable now. I think it is in poor taste for you to suggest that it is an obsession.

The obsession that I am speaking of is that the OP wishes to punish the man.

 

[stealth2]

I'm sorry. But after 30 years? Time to move on.

 

[BreezyB]

The obsession that I am speaking of is that the OP wishes to punish the man.

Zigner, you don't know what you are talking about. I wish to hold the man accountable for a wrong he did. I'm not creeping in his windows trying to make his life a living hell and become a lifetime movie storyline. You have made these assumptions simply based on the fact that I am a woman asking a question.
Stealth, I JUST found out that I actually had evidence that would prove him to be wrong-- I got the results this past week. I had let it go thinking I'd never have any sort of proof but now I do and I am simply weighing my options.

I don't understand why either of you are on this forum. I am asking logical legal advice about something I just uncovered, and you are here just to make assertions that I am mentally unhealthy. I have not threatened the man's life, nor am I behaving in a way that is spiteful. I have not contacted him or his family in anyway to say "haha" or "your dad is terrible person". So I'm not sure where these psychological assertions are coming from.

I suddenly have evidence for something that I didn't before and I am simply seeing what the options are.

 

[Zigner]

I JUST found out that I actually had evidence that would prove him to be wrong-- I got the results this past week. I had let it go thinking I'd never have any sort of proof but now I do and I am simply weighing my options.

This reinforces what I am speaking of. I really do think you need to seek therapy to help you get past this.

 

[BreezyB]

This reinforces what I am speaking of. I really do think you need to seek therapy to help you get past this.

How so? Because I am weighing my legal options for recently surfaced evidence? I do not at all understand your logic.

 

[LdiJ]

This reinforces what I am speaking of. I really do think you need to seek therapy to help you get past this.

Zig, once again, that was uncalled for. I am very disappointed in your attitude on this thread. You are not a mental health professional and being that adamant about your lay diagnosis is dead wrong.