Well, that depends... If you havn't contested within a year of the child's birth things get very difficult. Missouri Paternity Law is extremely weighted if you don't contest immediatly. There are cases where a separated couple, no contact between the couple in over a year, the woman becomes pregnant by a boyfriend, and the State of Missouri says the man is still considered the father.
This even when the woman testifies in court that the boyfriend, not the estranged husband, is the father, and after DNA testing.
For the past two years various forms of legislation have been attempted to correct these situations. But not enough political pressure has come to bear on the issue to get the Missouri Legislature to act.
If you do sue, demand DNA testing immediatly, have good legal counsel, and be prepared for a fight. There is a group attempting to push legislation for the 2009 Missouri Legislative Session and they have some more specific information at http://www.maketherealdadpay.org
I've not yet seen a case of that, so you would be making case law. I would appreciate knowing your progress in this attempt. With a 30% rate of paternity fraud, these cases may become common in the near future. Check my profile.
No, it is considered a gift. Unfortunately, Paternity Fraud is a crime that does pay. Google it.
He could not even if he was tricked. Paternity Fraud is a crime that does pay. see links
If you're thinking about committing Paternity Fraud, by not telling the husband that you had a child by another man, consider that 30 states have passed paternity fraud laws in the last five years. And, a New Mexico based Paternity Testing Kit Company plans to behin running TRUST, BUT CONFIRM commercials addressing this very issue.
A legal dad can sue in this instance, but it is highly unlikely that he would win. If the mother of the child knew who the father, she can be sued for paternity fraud.
The answer is yes. You definitely can sue for Paternity Fraud. However, whether you will win is an entirely different matter altogether. This would be a case of first impression and no current law or previous case addresses the matter.
How can he be the custodial parent if there's no custody order? His relationship with the child would be the primary factor here. If he didn't know, Paternity Fraud may be an issue for the mother.
Yes. My husband is a victem of paternity fraud. There is a small 2 year window to contest a judgment against you, and it is from August 2008- Aug2010. The clock is ticking. If you are in Colorado and you are paying for a child that you know is not yours, get a lawyer asap.
By definition fraud, of any kind, is illegal.
Yes, and should in all cases to determine if a child is his, regardless of circumstances. Paternity fraud is running 30%. Married fathers should also be doing this.
Yes, but with the growth of paternity fraud laws, it will be a crime one day soon.
That's dependent on state laws, but 30 states have file paternity fraud laws. see link Paternity is presumed if the parents were married when the child was conceived/born. The presumption may be rebutted by the biological father's acknowledgment, or by genetic testing.