Paternity Fraud, "You are NOT the father"

Paternity fraud is defined as "the act of falsely naming a man to be the biological father of a child, particularly for the purpose of collecting child financial support (also referred to as child maintenance), by the mother when she knows or suspects that he is not the biological father."

Horror stories involving children and child support are as numerous as the sand in an hour glass. There is, of course, more than one side to every story.  However, some of those stories are not urban legends. They are not exaggerated. They do seem to contain a serious miscarriage of justice.

"Twelve years ago when in private practice, Hanschen represented a client who came to him after a girlfriend he hadn't seen in a decade showed up with a 10-year-old and announced it was his. The man, a barber in Oak Cliff, took the woman at her word and signed an Acknowledgement of Paternity, the legal document that makes a man the legal father until the child reaches 18. The man later became suspicious and got a DNA test that showed he wasn't the father. But it was too late. "They hit him with $32,000 in back child support," Hanschen says. "He lost his business and went underground."

Hanschen is a judge that deals with child support issues in Texas. He has become very vocal about the injustice he sees fathers suffering when they discover that their child is not truly their biologically. The stories go on and on. Everyone has probably heard or read their fair share.

Fathers who discover that a child is not theirs may have vastly different rights depending on their address. Each state has its own laws pertaining to this situation. If a father had any doubt about the paternity of a child they should request a DNA test as soon as possible. In Texas, where Judge Hanschen presides, there is a four year statute of limitations. This means that if the child is four years old or older the person who has been raising that child has legal responsibility. There may be similar laws in other states.

Even within a specific court system there may be practices going on that are detrimental to the right of fathers. Unfortunately, too many dads do not take or have time to learn about what they can expect during a court appearance. Fathers turn up for a court proceeding and may be experiencing nervousness and a feeling of being overwhelmed. Many do not have any knowledge of this setting. Obtaining legal advice is greatly recommended in this situation.

Awareness regarding paternity fraud is becoming more prevalent. Hopefully, as times change and progress, states will find ways in which fathers can be protected. Groups have organized with the sole purpose of assisting fathers who find they are fighting paternity fraud. A quick search on the internet can provide direction to these organizations.  Dads should reach out for the help they need and proceed with caution!