[sam9176]

Do I Have Any Rights If I Been Fooled For 7 Yrs As A Father And Then Come To Find Out That I Am Not The Father Through A Dna Test?

[Fr_Chuck]

It will depend on the state, ( if in the US) if you are listed on the birth certificate as the father, in some states, if it is not contested within a certain time frame you can be held resposnible as the father of them

So what you need to do is get a local attorney who can review the exact case and tell you

[tawnynkids]

What kind of rights do you mean? If you want to continue in your child's life then then there is a good chance you do, depending on the laws in your state. It is called "Psychological Parent", A person whom a child considers to be his or her parent, even though that individual may not be biologically related to the child. A person who fits in this capacity is sometimes called a "de facto" parent. It can be found by the court that severing this relationship will cause detrimental emotional harm to the child and that a continued relationship would be in the child's best interest. You really would need to get a lawyer to make this case for you.

If you are looking to sever the relationship because of the DNA, then my question to you would be why? If that child considers you his/her father and you have considered him/her your child and you truly love him/her then why should that change simply because of blood? If you have loved this child as your own and this child you for all these years think of the pain and harm it would cause him/her... and you. Unless you are just heartless you can't imagine how difficult and painful it will really be to walk away from this child. Blood and DNA does not a Daddy make. It only takes a real man.

[GV70]

Do I Have Any Rights If I Been Fooled For 7 Yrs As A Father And Then Come To Find Out That I Am Not The Father Through A Dna Test?

It depends on where you live in... If you give me some additional information I will give you an answer.

[krystal1973]

Do I Have Any Rights If I Been Fooled For 7 Yrs As A Father And Then Come To Find Out That I Am Not The Father Through A Dna Test?

You should ask counsel this question, but from my understanding you do have paternal rights after seven years. I don't know what other rights you would want.

[tawnynkids]

GV70 disagrees: right to avoid his paternity
To avoid his paternity? If you mean run from it you are wrong, if you mean to prove it or disprove it then you should chose your words more carefully next time.

I don't believe krystal was attempting to be snide, why the negative? Don't you think it is possible krystal was truly asking for clarities sake "I don't know what other rights you would want"? Or do you have some objection to sound advice of seeking counsel?

[GV70]

GV70 disagrees: right to avoid his paternity
To avoid his paternity? If you mean run from it you are wrong, if you mean to prove it or disprove it then you should chose your words more carefully next time.

Avoiding paternity is a legal term:) It means"Disestablishing of paternity on base fraud,mistake , etc.
Avoid-Law. To annul or make void; invalidate.

[GV70]

Do I Have Any Rights If I Been Fooled For 7 Yrs As A Father And Then Come To Find Out That I Am Not The Father Through A Dna Test?

WHERE A SUPPOSED PARENT PAYS CHILD SUPPORT AND LATER FINDS THAT THEY ARE NOT THE BIOLOGICAL PARENT, THEY DO NOT HAVE A CLAIM OF UNJUST ENRICHMENT AGAINST THE TRUE BIOLOGICAL PARENT by Judge Susan L. Dobrich
FONSTAD V. TEAL, (#254051, Unpublished) Michigan Court of Appeals, July 21, 2005

This case addresses the situation in which the plaintiff believed he was the father of the minor child, held himself in relations and conduct as the father and paid child support for the minor child. The circumstance which then arose was that defendant was actually shown to be the biological father of minor child. Plaintiff brought an unjust enrichment action against defendant which was granted summary disposition by the trial court. This was affirmed by the Court of Appeals.
While plaintiff did support minor child for over 11 years, his payment does not justify unjust enrichment. Plaintiff asserted that the defendant was unjustly enriched because plaintiff paid child support that defendant was obligated to pay. In the instance that defendant had known of his parentage then he would have been legally obligated to pay child support. In this case though, plaintiff believed himself to be the father and defendant was unaware of his status as father. Plaintiff made payments voluntarily for benefit of minor child and did not expect reimbursement. Plaintiff’s actions are analogous to a gift to minor child and restitution is unavailable through unjust enrichment because any benefit to defendant was incidental and involuntary. Summary disposition was proper in this claim and affirmed by the Court of Appeals.

The New York Court of Appeals has held that:

[A] man who has mistakenly represented himself as a child's father may be estopped from denying paternity, and made to pay child support, when the child justifiably relied on the man's representation of paternity, to the child's detriment. We reach this conclusion based on the best interests of the child as set forth by the Legislature.

The case is Matter of Shondel J. v. Mark D.


The glaring problem I see with this decision -- it encourages a defrauding mother to do the best job she can to make sure the defrauded man has NO doubts that the child is his. It's almost as if this decision encourages sublimely executed deception -- if you trick him thoroughly, the jurists seem to say, we'll guarantee that you get your child support payments for the next 18 years.Remember, the man here has been emotionally devastated by learning that a child he has bonded with and raised as his own is not his (though the courts often characterize the relationship prior to the discovery as "enjoyment" for the man in order to mitigate the crime of the mother).

[GV70]

It depends on where you live in...If you give me some additional information I will give you an answer.Comments on this post
krystal1973 agrees: He asked in the aspect if he had any rights, I thought he meant to see the child

Kristal,this man wrote that he BEEN FOOLED AND ASKS FOR GIS RIGHTS... I do not think that his question is about how to remain as child's father:) Have a look here- https://www.askmehelpdesk.com/parent...hts-86082.html