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Can lies about paternity be sued for in civil court

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  • Can lies about paternity be sued for in civil court

    I am from Florida, USA. My son has recently found out that he may be the father of a 5 month old boy. Beyond the child's mother, the entire family, aunts, uncles, maternal grandparents, maternal greatgrandparents have known from the beginning that he was probably the father and has lied to everyone, including child services (the state is funding both the mother and the baby) about the paternity of this child. In fact the maternal grandmother highly influenced her mentally ill daughter to lie about the paternity because she felt that the stablility and decency of the father's family might make if possible for him to get custody (this is purely a money issue for the grandmother). This is about to come to a head (none of them know it yet) because my son has voluntarily contacted the state agencies of interest and both he and the mother and child will soon be compelled to take a DNA testing to determine paternity. So, the ____ is about to hit the fan. Anyway, my question is, since this is entire family has participated in this deception, if my son does prove to be the father, can he sue them for deliberatley keeping him from his son? Thanks.

    Concerned Paternal Grandma

  • #2
    Re: Can lies about paternity be sued for in civil court

    I wish to inform you in case where parents of the child are not married then child belongs to mother unless paternity is proved. In such a case child is related to mother and father cannot have any rights unless paternity is proved. Hence father can not file a suit because unless he proves paternity he cannot legally get rights of a father and misstatement had not affected his child custody.

    AFF

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    • #3
      Re: Can lies about paternity be sued for in civil court

      Originally posted by springalto2 View Post
      I am from Florida, USA. My son has recently found out that he may be the father of a 5 month old boy. Beyond the child's mother, the entire family, aunts, uncles, maternal grandparents, maternal greatgrandparents have known from the beginning that he was probably the father and has lied to everyone, including child services (the state is funding both the mother and the baby) about the paternity of this child. In fact the maternal grandmother highly influenced her mentally ill daughter to lie about the paternity because she felt that the stablility and decency of the father's family might make if possible for him to get custody (this is purely a money issue for the grandmother). This is about to come to a head (none of them know it yet) because my son has voluntarily contacted the state agencies of interest and both he and the mother and child will soon be compelled to take a DNA testing to determine paternity. So, the ____ is about to hit the fan. Anyway, my question is, since this is entire family has participated in this deception, if my son does prove to be the father, can he sue them for deliberatley keeping him from his son? Thanks.

      Concerned Paternal Grandma
      Your son's first priority should be to establish paternity and then go from there as to his visitation rights.

      One can sue for anything. But that does not mean they can maintain a suit. Then there is the issue of the measure of damages. If he were already established as the child's father and the relatives interfered with his rights, e.g. rights to visit and/or co parent the child, then he might have a cause of action for parental interference.

      The child is only five months old. Whatever they have done in these past few months can amount to little. He must establish the fact he is the father of the child, first. Then he will have legal grounds to stand on, his rights established.

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      • #4
        Re: Can lies about paternity be sued for in civil court

        He has no cause of action for parental interference unless he can prove they had indisputable proof he was dad before this paternity test. He will never meet that burden.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

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        • #5
          Re: Can lies about paternity be sued for in civil court

          That sounds very reasonable to me. However, he would have gotten a paternity test from the get go, had he known he could have been the father. I have found some friends of these people who have told me that the mother and grandmother always maintained that he was the only one who could be the father even before the baby was born. He did not even know about a baby until recently (he is an OTR driver). They took advantage of this to keep this baby from him. He has taken steps to determine paternity - that was the first thing he did, but bonding with a baby happens very early, the first few weeks of a baby's life, especially for the father - that opportunity was deliberatley stolen from him. They could have at least told him he could be and he would have had any testing that needed to be done immedialtely upon the birth of the child. They knew how to contact him.

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          • #6
            Re: Can lies about paternity be sued for in civil court

            That is a co-parenting issue. It is not a legal issue.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              Re: Can lies about paternity be sued for in civil court

              Quite often despite being well aware of the pregnancy unmarried fathers don't see their children for some time.

              When the baby is born if he doesn't sign the AOP, then until he completes DNA the child has no legal father. Then dad must petition the courts to have any legal rights to see the baby whatsoever. With an infant those visits are typically fairly restricted. As long as the baby has formed a healthy bond with mom, a healthy relationship with dad can be formed. At this age every time he leaves he's a stranger all over again.

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