Paternity Fraud

sosad · #1 10-26-2006, 11:23 PM

My husband has been told by a woman who used to work with him that he is the father of her two children. He is trying to get paternity tests done, meanwhile her lawyer sent him copies of birth certificates with his name on them as father and the children having his last name. I noticed they had recently been changed so my husband called office of vital records in each state to ask how his name could have been added. (one child was born in AL and one was born in NY) They mailed him copies of acknowledgement of paternity papers that have his name on them -- but the signature is obviously not his. What is his recourse at this point -- does he need to file some type of police report?

rmet4nzkx · #2 10-26-2006, 11:40 PM

Quoting sosad

My husband has been told by a woman who used to work with him that he is the father of her two children. He is trying to get paternity tests done, meanwhile her lawyer sent him copies of birth certificates with his name on them as father and the children having his last name. I noticed they had recently been changed so my husband called office of vital records in each state to ask how his name could have been added. (one child was born in AL and one was born in NY) They mailed him copies of acknowledgement of paternity papers that have his name on them -- but the signature is obviously not his. What is his recourse at this point -- does he need to file some type of police report?

Each state has different laws to disestablish paternity Once an AOL is signed by both parents the court may award child support beck to the date of application, is this a private attorney or an attorney for CSE? Is there any possibility he might be the father of either of the children?

sosad · #3 10-27-2006, 10:14 PM

This is her private attorney. Yes, there ia a possibility that the kids are his -- he has no problem doing the dna testing -- just doesn't understand how his name could have been added without his actual signature. Someone else signed his name. If the children are not his -- what does he do to remove his name and change the children's last name to what it was before? If she really thought the children were his, why not go through the court system and do this legally?

turbowray · #4 10-28-2006, 07:12 AM

Quoting sosad

This is her private attorney. Yes, there ia a possibility that the kids are his -- he has no problem doing the dna testing -- just doesn't understand how his name could have been added without his actual signature. Someone else signed his name. If the children are not his -- what does he do to remove his name and change the children's last name to what it was before? If she really thought the children were his, why not go through the court system and do this legally?

Hmmm, this has me stumped, for most DNA testing, you have to provide sufficient I.D for this reason. I would contest the findings, and ask once again for the DNA testing, you may have to pay for it out of your own pocket, but it would be worth knowing. If it comes back that he is not the dad, then yes, I would imagine that charges can be pressed against her for fraud. The question remains, if it wasn't him that gave blood for the test, who did?

aaron · #5 10-29-2006, 07:29 AM

The court doesn't know what his actual signature looks like. The notaries should have required identification to confirm the identity of the person (or persons) signing the affidavits. If these weren't his signature, he may wish to make a police report in the states at issue in relation to the forgeries.

sosad · #6 10-29-2006, 10:15 PM

The affidavits were not notarized. They were signed by two witnesses. But both AL and NY vital records accepted them and added his name to the birth certificates. He is trying to pay for paternity testing out of his pocket -- but how can he be certain she will even show up? Should he file a police report first and contest the fraudulent signatures and then let the court pursue DNA testing or hope that she will show up for the testing?

rmet4nzkx · #7 10-30-2006, 04:50 AM

Quoting sosad

The affidavits were not notarized. They were signed by two witnesses. But both AL and NY vital records accepted them and added his name to the birth certificates. He is trying to pay for paternity testing out of his pocket -- but how can he be certain she will even show up? Should he file a police report first and contest the fraudulent signatures and then let the court pursue DNA testing or hope that she will show up for the testing?

He will have to file an action in each state court to dis/establish paternity. Generally if the AOP is not completed at the hospital, then the Birth Certificate is amended after the AOP is processed, this in and of it's self doesn't establish custody or court orders for support, but most certanly may establish standing to file for court orders or for mom to collect child support, so it is important, now that he claims it is not his signature on the AOP to respond to what ever has been sent by this attorney. Is this a private attorney or the state attempting to collect child support? He will need to file in court some sort of a response or file a paternity action if one has not already been established, where he can claim he never signed any Acknowledgement of Paternity and that any signatures are fogery's, then the court will order the test, the problem is if there is a possibility that they are his children, then there is a possibility that it is his signature, perhaps intentionally made to look different. If they are not his children by DNA he may or not have to pay for the tests depending on how the court rules. If they are his children, he may be responsible for back child support.

You need to be prepared for the possibility that these are his children, have you considered that possibility?

Here are some cases for non marital disestablishment of paternity in New York where child support is owed until children are 21:
New York
Cleophus P. v. Latrice M.R., 299 A.2d 936 (App. Div. 2003)
Sarah S. v. James T., 299 A.2d 785 (App. Div. 2003)

sosad · #8 10-30-2006, 08:44 PM

This is a private attorney who contacted him asking for health insurance for one of the children. When my husband had a lawyer contact her attorney asking for dna testing her attorney seemed surprised. He then faxed the copies of the children's birth certificates to our lawyer, asking if my husband was sure he wanted the test. That was when he called vital records in both states to find out how she could have put his name on the birth certificates. The signatures are not his -- they were signed in NY -- we live in AL -- he has lots of ways to prove his whereabouts when they were signed. Also, the address put down for him on the AOP is an address in NYC -- the same one where this woman lives.

She also has his SSN and used it to open several accounts and charge around $35,000 in debt. A police report was filed here in AL and the credit card companies contacted her -- she admitted that she did it and agreed to make restitution to the companies. It is interesting to note that she applied for these cards at the same time she amended the birth certificates.

When the police contacted her regarding the ID theft, she claimed my husband was the father of her children. No one wants to pursue criminal charges regarding the ID theft until the paternity question is answered. After that is when her attorney contacted my husband regarding health insurance, not child support, for one of the two children. He filed a paternity suit in AL the same day, but has since discovered that jurisdiction is where the children live. My concern is that right now it looks like he is the legal father -- without proof.

I am as prepared as I can be for him to actually be the biological father -- but her actions seem suspect. If she really thought he were the father, why not go through the court system? It doesn't seem that difficult. Thank you for the cases. I'll take a look.

rmet4nzkx · #9 10-30-2006, 08:53 PM

OK so both children are in NY, so he should have his attorney file the petition in NY and be sure to include the references to her admitted forgery and ID theft at the same time as the AOP was signed and any proof of his address. How did she get his SSN? Were these children born during her marriage?

sosad · #10 10-30-2006, 11:41 PM

We believe she got his SSN when she worked at the same company. She also has a residence, we believe, in Connecticut. That is also where her lawyer is from. She was married in 2001 but we do not know if or when she was ever divorced. Is a lease and his work contract enough proof of address?