Paternity Fraud - Ex Husband Has Custody and is Not the Biological Father

[ohiogirl11]

My question involves paternity law for the State of: FLorida

My ex husband has custody of my 7 year old son. During our divorce, I asked for a paternity test because I was not positive he was the biological father. During mediation, it was negotiated that he did not have to have a paternity test.

I recently became aware that he had a paternity test performed anyway, prior to our mediation and the results were sent to his lawyer who told my ex husband he was NOT the biological father but to keep quiet about the results. My ex husband told a few people, who told a few people, and eventually got back to me.

I want custody of my son and I want his parenting rights revoked. I know who the biological father is. My ex husband was abusive during our relationship also and I was in a domestic abuse pilot program for a while during separation. I agreed to him having custody while I got myself back on my feet and agreed to visitation.

Can I sue him and his lawyer for withholding information or fraud or anything like that? How should I proceed in getting my son back?

Do I need to petition for another paternity test? We were divorced just one year ago.

[Dogmatique]

My question involves paternity law for the State of: FLorida

My ex husband has custody of my 7 year old son. During our divorce, I asked for a paternity test because I was not positive he was the biological father. During mediation, it was negotiated that he did not have to have a paternity test.

I recently became aware that he had a paternity test performed anyway, prior to our mediation and the results were sent to his lawyer who told my ex husband he was NOT the biological father but to keep quiet about the results. My ex husband told a few people, who told a few people, and eventually got back to me.

I want custody of my son and I want his parenting rights revoked. I know who the biological father is. My ex husband was abusive during our relationship also and I was in a domestic abuse pilot program for a while during separation. I agreed to him having custody while I got myself back on my feet and agreed to visitation.

Can I sue him and his lawyer for withholding information or fraud or anything like that? How should I proceed in getting my son back?

Do I need to petition for another paternity test? We were divorced just one year ago.

Dad is legally Dad; that ship has long since sailed. He will not at this point be disestablished as Dad.

Dad was also under no obligation to talk to you about a private DNA test.

So, what has changed since your husband was awarded custody? Because at this point you'll need to prove a change in the child's circumstances.

[ohiogirl11]

But what if the biological father wants to be involved now? I want custody of my son back and I know who his real father is.

[Dogmatique]

But what if the biological father wants to be involved now? I want custody of my son back and I know who his real father is.

Because the time in which paternity could have been challenged has long since passed.

If you have regular visitation, nobody can stop you from having the other guy around during your parenting time.

Again you're going to have to show a change in circumstance in kiddo's life to justify modifying custody at this point. Dad is, and will remain, legally Dad.

[ohiogirl11]

My lawyer ordered the paternity test through the courts. I see it listed in the dockett, it wasn't a private test. When the results came back to his lawyer, they were never admitted into the court and information never relayed to my lawyer. Can I go after the lawyers for due diligence - not following proceedure? It that evidence was admitted, I wouldn't be in this situation today.

I didn't bring it up during mediation....I just wanted to make sure I got visitation. Why is it too long? We have only been divorced one year. Things have changed. He has moved and didn't tell me my son's new address and he has twice been seen drinking while driving my son around. I cannot prove that though - I have never personally witnessed it and nothing has been reported to DCF yet that I know of.

[Dogmatique]

The thing is, YOU agreed that he didn't NEED a DNA paternity test during mediation. You basically agreed that he was Dad regardless. Hence no obligation to have the test results admitted. Was it sneaky? Yeap, it was sneaky. But that's what was in Dad's best interest.

Sorry, but Dad is going to remain Dad. Even if you could go after the attorneys (and you really can't in this case), that wouldn't change the bottom line.

[ohiogirl11]

Got it. Circumstances have changed drastically....and dad has had complaints filed with DCF regarding his behavior. I did not actually dismiss the test during mediation, it was just never addressed. I was too focused on at least getting visitation and other items in the divorce taken care of. I was very disturbed by the whole thing. I was forced into a woman's shelter for domestic violence, had no money so used free legal from the state while he lived in our home and his wealthy parents paid a high end attorney and had dinner meetings with the judge!

The judicial system is a joke and my 7 year old son is suffering because of it.

[Dogmatique]

Wait for DCF to complete their investigation.

That might be the avenue you need.

But in all honesty, you can't fairly blame the judicial system for something you did or didn't do, y'know?

[aardvarc]

Got it. Circumstances have changed drastically....and dad has had complaints filed with DCF regarding his behavior.

Were any of the complaints found to have MERIT? Meaning, was SOME action taken, the child removed, the dad required to attend parenting classes, counseling, or some other intervention? If not, it's irrelevent - a complaint in and of itself is only a complaint...the court will be interested in FOUNDED or ACTED upon complaints.

I did not actually dismiss the test during mediation, it was just never addressed. I was too focused on at least getting visitation and other items in the divorce taken care of.

What you told us was During mediation, it was negotiated that he did not have to have a paternity test.

Negotiated isn't the same thing as never addressed. Negotiation requires interaction of the parties or their attorneys. There's no point to working on visitation if paternity is in question, so it sounds like you waived paternity in favor of getting visitation ordered as quickly as possible. If that's the case, then once you did that, paternity was in the bag as a done deal, regardless of what any paternity test later showed.

I was very disturbed by the whole thing. I was forced into a woman's shelter for domestic violence, had no money so used free legal from the state while he lived in our home and his wealthy parents paid a high end attorney and had dinner meetings with the judge!

Unfortunately a very common situation when economic abuse and lack of autonomy on the victim's part means that the victim suddenly finds herself without the support of the abuser. Exactly why SO many victims end up returning to their abuser on whom they have become SO financially dependent. Many people just don't have the fortitude to stick it out. I'm proud for you that you were able to do this so successfully.

The judicial system is a joke and my 7 year old son is suffering because of it.

I'm not sure why you think "the justice system" is at fault here. Justice doesn't mean that your lies or omissions get undone and have no consequences. Justice means first and foremost that the innocent don't suffer. The innocent party in this case is the CHILD. He didn't get to pick his parents. But YOU allowed him to form a bond with your husband AS his father for years. YOU had the knowledge that your husband may not be the father and chose to keep that knowledge secret. You're NOT the innocent party here whom the court is seeking to protect. The court's number one priority for justice will be to the child - whose interest and emotional stability in continuing a relationship with the person that you chose to portray as his father will take precident over everything else. You were simply willing to go along with the farce for too long to get to complain about it now. He's dad. He'll remain dad. Concentrate on the custody issue, because you're flogging a dead horse on the paternity issue at this point.

IF any of the reports you've found that have been filed with DCF recently are found to have merit, be sure to get these to your attorney asap. It's important that they be something MORE than accusations. The court isn't likely to change custody without some documented problem or change in circumstance, and problems documented by DCF as LEGIT issues can hold a lot of sway in court and certainly represent a "change in circumstance" that can open the door to hearings regarding custody or asking for things like supervised visitation if the situation warrants such action. Was any of the domestic violence committed in the presence of the child, and if so was that factor documented in any police report or in court testimony?

[Dogmatique]

OP, you posted this on another board:

I divorced a year ago. During our divorce, my ex was asked by the court to have a paternity test - my son was born out of wedlock (we married when my son was 18 months old) and we broke up for a short while before finding out I was pregnant. The test was never brought up during our mediation and I come to find out he had the test, but they never admitted the results to the court. He is NOT the biological dad and he has custody of my son. He told some people about this test and the results and it got back to me. How can I get the results admitted to the court? Isn't his lawyer legally responsible for admitting the evidence? I want to gain custody and have the biological father tested since I know where he is. If my ex didn't follow prior court ordered procedures, can he be in contempt? Will I get custody of my son back?

Why the story change?