Legal Question in Family Law in New York
Paternity Fraud
I live in New York . I'm a male currently 29yrs old , at 20yrs old I signed that I was the father of a now 9 year old girl . I was told I was the father by a girlfriend at the time . I and her father questioned if she was with anyone else or if there was any possabilty the child wasn't mine . Around the childs age of one me and the mother broke up . I soon after met my to be wife and we have 2 children of our own .
I found out I wasnt the biological father through a swab test which I'm guessing wouldnt be legal through the court . After confronting the mother , she took me to court for visitation rights to be monitored and me to get anger management and alcoholism classes , which was all a lie and the law gaurdian basically belittled the claim and dint give her what she wanted . She admitted I am not the father .
Most lawyers say I'm screwed . I have court next tuesday for child support , I haven't paid since May .
Does NY permit jury trials on fraud cases, contract cases, and if so, does it permit double damage or punitive damages or attorney�s fees in fraud cases. And how do I request that in big smart words? In retorspec the court terminated the biological parent�s rights without giving him notice , legal?
2 Answers from Attorneys
Re: Paternity Fraud
You do not need "big smart words" - but you need to provide all of the relevant information to a qualified attorney who can then give you proper advice as soon as possible. If you cannot bring an attorney with you to court, you should not say anything when you're there except that you need an attorney and do not want to proceed without one. The paternity test is probably not admissible at this point, and you may be correct about the implications for the biological father. Family Court does not have jurisdiction to hear fraud or contract cases. Feel free to call my office to discuss this further.
Re: Paternity Fraud
Undoubtedly, you should get an attorney ASAP. But, the time for reversing the Paternity or Filiation determination you made at 20, is probably passed.
In view of the age of the child and recent NY case law on the matter of paternity, in such cases, you may forever be deemed the child's "legal" father, without a right to challenge paternity in the Court, or anywhere else, even if the mother admitted that you are not the father.
Thus, Whether you are actually the biological father or not, may no longer be of interest or concren to the Court, in NY. And, you as the legal father will probably be deemed obligated to pay support, as ordered.
Good luck,
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