Paternity Fraud & the Long Term Impact on Child Custody After Divorce

Child custody and paternity are matters that are considered highly emotional, especially during periods of separation and divorce. For many couples, the issues of paternity are well established before a divorce takes place but child custody can linger on for many years.

For couples who believe they have established paternity of a child well before the dissolution of their marriage or relationship, there has been a growing trend, while unfortunate, of paternity fraud in many cases. Described as the situation in which a father becomes aware, often many years after a child's birth, that he is not the biological father of the child he has been caring for.

In growing trends, many paternity fraud cases are resulting in the formal adoption of a non-biological child by the father who believed he was the biological father for many years. To the benefit of the child, the non-biological father assumes the role of parent by proceeding through formal adoption procedures once the paternity fraud has been uncovered.

To engage in formal adoption, following paternity fraud, the laws and requirements in each state will vary. For the most part, however, the natural father of the child will need to be identified, followed by termination of his parental rights, and then adoption by the non-biological father can take place.

Why would a non-biological father want to pursue adoption of a child for which he was victimized by paternity fraud? In many of these child custody cases, the non-biological father has established a long standing relationship with the child as the biological father. With news, usually late in life, that his paternity is now in dispute, this same father often seeks to continue in his role as parent and, to secure those rights of visitation and custody, must seek adoption as the method by which his rights are retained.

In cases of paternity fraud, the sanctions imposed upon the biological mother may vary depending on the knowledge, facts and laws in the state. In most cases, the mother is not penalized but, unfortunately, is not given must leniency in terms of who the paternal custody will be given to.