A year and a half ago my supposed to be child was born. I had no second thoughts that she was mine, because the mother swore that she did not have sex with anyone else at the time we were involved with each other. I signed the birth certificate because I had no doubts in my mind that this child belonged to me.

A few days ago I came to find that the mother was not truthful, she told me another guy has been asking for a DNA test for my supposed to be child. So they did a home DNA test, and the results came back saying he is actually the father.

I am looking to be reimbursed only for the money I paid to a daycare service for a year for a child I was led to believe was mine. I just want to know if I have a leg to stand on when it comes to taking her to court for the amount I've paid.

I seriously need help from anyone that knows about this situation.

Thanks.

Unlikely because it will be considered a gift because you gave it to her voluntarily, but call a local lawyer and speak with them and see what they think your odds are given the circumstances. A home DNA test isn't admissible in court but I would stop giving another dime right now... let her take you to court for it. If she does ask the court for a DNA test as you are not the father... when it proves you aren't legally... you are off the hook.

As far as what you would have to do to get your name off the birth certificate... someone else will have to answer that.

So it would be considered a "gift" because I had to pay for her to stay in daycare thinking this was my child the whole time? Me and her mother both worked and had no other options but to put her in daycare. They can really determine that as a gift because she had to have care while we worked?

Unless the court ORDERED you to do it... you didn't HAVE to do it... you felt you needed to do it. Very different things.

Trust me... I understand where you are coming from... I've known guys that were falsely accused of being the father before DNA tests proved otherwise.

Like I said.. contact a local lawyer or two, some do free consultations... see what the odds you have or getting something back due to misrepresentation. But kids are expensive... its unlikely she has the money to give back. ANd you will spend a not insignificant ammount in legal fees.....leaving you out even more money.

Be glad you found out now.....if this went on for a enough more years...you might actually be on the hook legally despite a DNA test result.

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Originally Posted by smoothy

Unless the court ORDERED you to do it... you didn't HAVE to do it... you felt you needed to do it. Very different things.

Trust me... I understand where you are coming from... I've known guys that were falsely accused of being the father before DNA tests proved otherwise.

Like I said.. contact a local lawyer or two, some do free consultations... see what the odds you have or getting something back due to misrepresentation. But kids are expensive... its unlikely she has the money to give back.

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Okay. Thanks for the help. I will definitely contact some lawyers to find out some things.

OP indicated that he "signed the birth certificate". Actually, what he would have done would be to sign an affidavit of paternity. He would have to check with the vital statistics office in the state where the child was born, and determine how the birth certificate can be modified.

In theory, he can be sued for child support. So it might not be a bad idea to bring an action against the man who is now believed to actually be the father. Retroactive child support is usually not ordered, so OP is not likely to get a judgment for the money he paid, voluntarily, for support. But the court might consider it, I suppose.

Any unmarried person who is told he is the father should ask for a DNA test before agreeing to acknowledge paternity. Depending on local laws your window of opportunity to recant your acknowledgement may have past.

The mother may have had every reason to believe you were the father. You will have to prove that she was aware you weren't to possibly win any sort of award. But yes a local attorney may be able to advise you better.