I was married in 1992, divorced in 2001. In 2007 I found out I am NOT the biological father of my eldest son. Can I sue my ex and/or the biological father who apparently knew he was the biological father from the get go but did nothing about it? I feel betrayed.:eek:

Doesn't matter if you were the biological father. If you were married to the mother when the child was conceived or born, you are/were the legal father and that's all that matters.

Even if this weren't the case, no, because you were entitled to challenge it at the time of birth. Its your choice not to.

Stevetcg is correct that if conceived during marriage the child is considered yours. However, I think that I will get some slack for answering this way but I have seen cases were there have been suits if you are able to proof certain things. It will be important to know what state you are in, the law in your area, but nothing prevents you from bringing forth a suit against another person. Worse case scenario is you don't win.

What state are you in ? You may or may not be beyond the SOL for filing paternity. Have you had a relationship with this child ? Is it all ending based on blood ?

I live in California... does this help? Looking to sue for fraud not necessarily paternity.

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Originally Posted by prose64

I live in California.....does this help? Looking to sue for fraud not necessarily paternity.

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Were you married when the child was born?