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

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Zigner

Senior Member, Non-Attorney
How so? Because I am weighing my legal options for recently surfaced evidence? I do not at all understand your logic.
Your posts indicate that this is a long-term...quest...for you. Now that you have uncovered what you believe to be "proof", you wish to strike out at the man.

Other have raised some good points that I actually agree with. Having a legal determination that the man is your father may be beneficial to you in the future, from both medical and financial angles. Those things are reasonable to pursue. You also seem to have a strong desire to punish this man for something that occurred 30 years ago. That desire is what I am speaking of when I suggest that you seek therapy.
 


Zigner

Senior Member, Non-Attorney
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.
I am sorry you are disappointed confused by your disappointment. It is clear to me that, in addition to the help that the OP should receive for the legal matters, the OP also needs help from a mental health professional. Are you suggesting that she NOT seek help? We (collectively) almost universally suggest that children be put in to therapy when they find out similar information about their parentage at a young age. Why should it be any different for an adult?
 

BreezyB

Member
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.
I don't have any recent defamation claims. I have only spoken to him once (when he made that comment about my mom) and that was 10 years ago.

I did discuss this stuff with my mom last night and I probably won't pursue any sort of legal action. I really don't want to take anything from his family (like SS or inheritance) because it would be them that would bear the consequences of his actions--not him. They also don't seem to be people of means so I wouldn't gain much from it. She also pointed out that if I ever decided to pursue a relationship with his kids, this wouldn't exactly be the best way to build something.
As far as her name being cleared-- which would really be my biggest thing. She doesn't really care as much as I do about it. Whatever judgement she felt then, was by people she doesn't care about now.
 

BreezyB

Member
Your posts indicate that this is a long-term...quest...for you. Now that you have uncovered what you believe to be "proof", you wish to strike out at the man.

Other have raised some good points that I actually agree with. Having a legal determination that the man is your father may be beneficial to you in the future, from both medical and financial angles. Those things are reasonable to pursue. You also seem to have a strong desire to punish this man for something that occurred 30 years ago. That desire is what I am speaking of when I suggest that you seek therapy.
I wish to hold the man accountable to the law. Yes. That is literally why people get legal advice. They are either in a position of defense or a position of holding another person accountable. I'm not sure why you have decided that I need therapy for wanting to see the law carried out. You are on a legal forum. Anyone wanting to pursue legal action against another would be "seeking to punish".

Because it is 30 years later? I would venture to say that if I were a man who discovered he had a child after 30 years, or who discovered his child wasn't his after 30 years or even 50 years, that you would not be saying "It's been 30 years, just get over it." I really believe that you are telling me I need therapy (your very first comment on this thread) simply because I am a woman and you have already made up your mind that I am unhealthily obsessed with making this guy pay. You are wrong.
 

stealth2

Under the Radar Member
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.
Does your "father" have any brothers?
 

Zigner

Senior Member, Non-Attorney
I really believe that you are telling me I need therapy (your very first comment on this thread) simply because I am a woman and you have already made up your mind that I am unhealthily obsessed with making this guy pay. You are wrong.
That made me laugh. I had made several posts before I realized you are a woman. I was under the assumption you were a man...
 

BreezyB

Member
I am sorry you are disappointed confused by your disappointment. It is clear to me that, in addition to the help that the OP should receive for the legal matters, the OP also needs help from a mental health professional. Are you suggesting that she NOT seek help? We (collectively) almost universally suggest that children be put in to therapy when they find out similar information about their parentage at a young age. Why should it be any different for an adult?
You are making many assumption based on your own "hunches". You assume that I have not already had therapy. You assume that this is an obsession of mine because I asked a question rather than getting the results of a dna test and saying "no biggie-- who cares?" and moving on.
Does your "father" have any brothers?
Do you have a really big problem believing my mom told the truth? Is grasping at straws to prove me wrong helpful to you? He doesn't have a brother. Anything else? Want to know if somehow his sister conceived me? He has a father-- plot twist.. maybe this man is my brother...? :unsure:
 

Maymee

Junior Member
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 understand your thoughts and that’s a reasonable assumption, but in small towns, LEOs can be just as corrupt, if not more so, than metropolitans. It’s like an open secret; everyone knows what they’re doing but we are powerless to stop it. Even local attorneys are often powerless because either they are in too deep in the corruption themselves or fear for the safety of their families.

OP, contact your state bureau of investigations. Make it clear you’re not coming to them because your mother wants back paid support or vengeance or the sorts, be clear and concise when explaining your thoughts, be prepared to show your DNA kit results and the familial links.

You MUST come at this from a place of concern for the public well-being; as in, if he’s capable of doing this to dodge child support, what other criminal acts has he performed to get his desired outcome in his line of work.

Coming at them with vengeance as your goal will get you no where.

Once that’s done, wash your hands and move on. Que sera, sera.
 
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