http://www.dailymail.co.uk/news/art...d-17-years-bringing-daughter-wasnt-child.html
Should he have been allowed to sue?
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Paternity Fraud
- Thread starter LoisGriffin
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Should he have been allowed to sue?
JohnLocke
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- Sep 23, 2006
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Yes.
Though whether or not he would win is debatable. Supposing, for a moment, that the wife knew or at least reasonably suspected that the husband was not the biological father of the child, then her failure to inform him of that fact, coupled with the filing of a false document (the birth certificate) should constitute fraud. In this case, the wife engaged in a willful or at least reckless pattern of deception to induce the husband to expend resources in a fashion that he would not had the wife not deceived him.
You note that it is an appellate case, so I wonder what the trial court found as fact particularly with respect to:
1. Did the wife know or reasonably suspect that the paternity of the child was the adulterous lover's and not the husband's.
2. Did the husband expend resources, particularly money, on the child.
In America, I could see a fair number of jurisdictions tossing out such a case as being against public policy.
Though whether or not he would win is debatable. Supposing, for a moment, that the wife knew or at least reasonably suspected that the husband was not the biological father of the child, then her failure to inform him of that fact, coupled with the filing of a false document (the birth certificate) should constitute fraud. In this case, the wife engaged in a willful or at least reckless pattern of deception to induce the husband to expend resources in a fashion that he would not had the wife not deceived him.
You note that it is an appellate case, so I wonder what the trial court found as fact particularly with respect to:
1. Did the wife know or reasonably suspect that the paternity of the child was the adulterous lover's and not the husband's.
2. Did the husband expend resources, particularly money, on the child.
In America, I could see a fair number of jurisdictions tossing out such a case as being against public policy.
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wanderingone
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I'm not sure how the paternity laws work there. Here they differ by state. In some states if you are not legally married and legally acknowledge paternity you can never legally sue the mother or legally stop supporting the child. In some states if you are married you can only legally question paternity for a specific period of time after the pregnancy or birth.
I think that from a legal stand point if someone knows that the person is not the father or is potentially not the father and lies about it the father who has been accountable should be able to sue. I don't know if they would actually have that legal standing in some states.
However I also think the father who has ANY question early on and doesn't question it and follow up on their suspicions early is doing the child a serious disservice if they suddenly decide they don't want to be dad any more and get a DNA test. Parenting is about more than DNA. (I certainly think mom is to blame for the hurt and confusion a child in such a situation goes through as well when she has failed to be honest about who fathered the child)
I think that from a legal stand point if someone knows that the person is not the father or is potentially not the father and lies about it the father who has been accountable should be able to sue. I don't know if they would actually have that legal standing in some states.
However I also think the father who has ANY question early on and doesn't question it and follow up on their suspicions early is doing the child a serious disservice if they suddenly decide they don't want to be dad any more and get a DNA test. Parenting is about more than DNA. (I certainly think mom is to blame for the hurt and confusion a child in such a situation goes through as well when she has failed to be honest about who fathered the child)
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It said the way he found out was his wife told him so I am guessing she knew for a long time.
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wanderingone
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Yes I saw she apparently told him a few years ago. I think if what is claimed about the mother and her alleged boyfriend is true the man has reason to sue. However I think if he suspected he might not be the father and opted not to pursue paternity tests 20 years ago he doesn't necessarily have a case now.
I hate when people have a relationship for years and years and then when they break up decide to tell daddy he's NOT the daddy after all as a way to keep him away from the kid(s) It's not a particularly unusual happening, or the suspicious dad never does anything until he wants to get away from the wife/girlfriend and suddenly he's ready to abandon the kid he was never sure was his.
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No Swansong
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Do you think it's ridiculous for him to sue?
I don't, it is apparent the wife at least suspected for a long time that he was not the father. She perpetuated a fraud for all those years. I believe that if there is any chance that a man is not the father of a child that he is accused of being then it should be illegal not to notify him.
In other words I think it should be criminal to knowingly have this man raise a child without informing him he may not be the childs father.
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