Paternity fraud occurs when a woman deceives a man into thinking that she is carrying his biological child, even when she knows that he is not the father. If she knows that this man is not the father and she tells him that he is and he takes on the obligation of parental responsibility and child support for this child that is not his, that is fraud.
Why paternity fraud is less difficult than you think
The state of Tennessee has a law called the presumption of parentage law that requires a man to pay child support when he is presumed to be the father. A man may challenge this presumption in court within 12 months of the birth of the child. After the time limit has expired the court will prevent either parent from denying the father’s parentage. Now that paternity fraud is recognized by law, if a man can prove by a preponderance of the evidence (like through DNA testing) that he is not the biological father of the child, he will no longer have an obligation to support the child.
How would a man disestablish paternity?
If a man discovers that he is not the father of a child that he has been caring for and supporting, and he wants to be relieved of the responsibility, his attorney can file a Petition to Disestablish Paternity, which would relieve him of the obligation to continue to pay child support for a child that is not biologically his.
If you have any questions about your parentage of a child, get a genetic test so that you can establish the truth. The results of the test will prove whether or not you could be the biological father of the child with nearly 100% accuracy.
I would say to a man who has discovered that he has been a victim of paternity fraud to contact a family law attorney right away and get legal advice about how to proceed. You may be able to take legal action against the child’s mother to recover economic damages and compensation for any emotional pain you might be enduring over the situation. He would need to act quickly, because not only will his actions be disrupting the child’s life, there is a five year statute of limitations for filing the Petition to Disestablish Paternity.
I am an advocate for fathers’ rights. I have the knowledge and experience to take on your paternity case and fight for your rights. I will be on your side during your paternity dispute in Blount County. If you live in East Tennessee and need representation, please contact me at my Maryville law firm, Kevin W. Shepherd, Attorney at Law.