Legal Question in Family Law in California
criminal charges for paternity fraud?
we have custody of my stepson (8yrs) his mother was given supervised visits due to a drug problem. she now claims the child isn't my husbands.she gave him my husbands name and since birth has led him to believe he's his child.can we file criminal fraud charges against her?Will they give the child back to her or will he go into foster care? Can we keep him? what should we expect.
1 Answer from Attorneys
Re: criminal charges for paternity fraud?
It would seem to me that your instrest should in protecting the stepson from being hurt. After 8 years a paternity test can be conducted only if both parents consent. I would recommend that dad refuse the paternity test, and continue as he has done. There is certainly statutory and case law that supports his continuing as father. He certainly qualifies as a presumed father.
Even if you could sue mom for fraud, it would accomplish little more that tell the son that revenge is more important than he is. This boy has enough problems to deal with in his life, without feeling that he is of no value to his father.
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