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  1. #1
    Join Date
    Aug 2007
    Posts
    2

    Default Suing For Fraud Over Nonpaternity

    Hi, just a quick question to see where the acknowledged father stands...

    Can the acknowledged father sue for fraud? He wants to remain the acknowledged father, still pay support, have his joint legal custody and regular visitations.... however, can he take the mother to court for fraud or would that be a complete waste?

    Two DNA tests were done - a home dna test, which excluded him as the father and then a notorized test was done that was not court ordered but is a legal test (for the mother's benefit because she demanded it) and, of course, he was excluded as the father with the exact same failed markers.

    The acknowledged father lives in Texas -- he moved to Texas to provide a better life for a child the mother said was his. The child and mother live in Oklahoma. I do believe in Oklahoma the paternity cannot be disestablished if the child is two years or older after signing the BC and the AOP. The child will be four years old in just under two months -- the man has been the acknowledged father since birth (he doesn't want to disestabish paternity because in his heart the child is his own), but he still wants to sue for FRAUD... would he go about doing this in Oklahoma or Texas, if it's possible? or could he do it at all?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Suing For Fraud Over Nonpaternity

    All other issues aside for the moment, what would make this "fraud" instead of a mistake?

  3. #3
    Join Date
    Nov 2006
    Location
    Texas
    Posts
    354

    Default Re: Suing For Fraud Over Nonpaternity

    and....NO.....he cannot have his cake and eat it too! (What is up with all these people trying to hang onto their cake!)

    If the court allows him to rescind his AOP and exclude him as the legal father of this child......we will no longer be the father of this child.....meaning:

    • no obligation to pay support
    • no right of visitation
    • no right of custody
    • no right to anything. Period.

  4. #4
    Join Date
    Aug 2007
    Posts
    2

    Default Re: Suing For Fraud Over Nonpaternity

    thank you for the replies.

    However, I did not say that the acknowledged father wants to "rescind his AOP" and he does not want to be excluded as the legal father. He LOVES the child.

    and Yes, I understand... It doesn't really make sense to sue for fraud when he wants to continue paying child support and have the same rights. Let's get rid of that term. He is moreso wanting to have more control over the support and see that it's actually going to the child, and he is hoping to come to an agreement to maybe starting a savings account/college fund for the child. Can THIS be done???

    He truly sees the child as his own but emotions and hurting everyone in the family can really get the best of someone... These situations are horrible. The word TRUST has been lost, in my opinion. I believe medical issues and medical history is a big thing in a case like this....

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Suing For Fraud Over Nonpaternity

    Although the complaint may be premised in valid concerns, the payor doesn't get to control how the other parent spends child support.

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