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Do you have recourse as a victim of paternity fraud?

On Behalf of | Aug 9, 2017 | Fathers' Rights |

If you are a Minnesota father and you believe you have been a victim of paternity fraud, you may be wondering whether you have any legal recourse. Paternity fraud occurs when you are made to mistakenly believe you are the father of a child by the child’s mother, who may have suspicions or know for certain that you are not, in fact, the true biological father.

The Spruce reports that, as a victim of paternity fraud, you may end up paying child support for years for a child who is not, in fact, your biological child. Once you become aware of the fact that you are not actually the child’s father, you may want to see what you can do to stop paying child support, get back some or all of what you already paid, or both. To start the process, the first step typically involves filing an action to halt or attempt to collect back child support in a civil court.

Whether the court decides to fulfill your request depends on several factors. In most cases, the most important consideration in doing so involves factoring in what would be in the best interest of the child. In some cases, the court may ask that you continue to support the child, and this may be more likely if you have acted as the child’s father and supported the child financially up until this point.

If you suspect you are a victim of paternity fraud, you may find it beneficial to conduct a DNA test to refute your paternity. Securing this proof that you did not, in fact, father the child in question will likely prove necessary in your quest to either halt new child support payments, or regain past ones.

This information about paternity fraud seeks to inform you, but it is not a replacement for personalized legal advice.