Can dad take legal action for raising 2 illegitimate children?

Question

My dad just found out through a DNA test that two of my little brothers are not his own children. However, he has already raised them to the ages of 9 and 13. My mom kept this secret from him. Is there any legal action that he may take against the cheating partner if he finds him? The whole mess has affected my dad not only financially but psychologically as well. This issue has weakened our family. It would be very helpful if people with experience in this matter could advise us on what are the possible options. Thank you.

Answer 1

NickD JD – I’d love to know what case you’re talking about. Seriously! If you can remember which was it was please edit and add that info. I’d love to read it.



Personally, I am not aware of a US Supreme Court Case which has stated that there’s an *irrebuttable* presumption that the husband is the natural father of a child conceived during a marriage (there was years ago before dna test, but now laws have been revised somewhat). Paternity can be rebutted with conclusive evidence (dna test), but there are specific guidelines. For example, in the state of CA it can be rebutted *only* by the husband or the wife and only within the first two years of the child’s life.



But, to get back to the original question… Is there any legal action that your Dad can take against the biological father?

Many men have tried filing suit against the biological father to recover financial expenses they’ve paid for the child…and they've been unsuccessful.

He should talk to a local attorney, but in all likelihood the answer will be “you’ll be wasting your time and money”



Now, if he intends to file for divorce, he can contest paternity during the divorce proceedings and IF THE COURT ALLOWS paternity to be contested / disestablished (and they very well may not allow it on the basis that he’s waited too long / it’s not in the best interest of the children), then he can avoid being ordered to pay child support. But he needs to realize that he will then have no legal rights to these children—so no visitation. I assume he loves them and they love him, so is he willing to have the children yanked out of his life? And is he willing to do that to the children (the emotional damage it could cause to them could be HUGE)? Personally, I wouldn’t, but that’s just me.



On the other hand, if they are already divorced, there are a few states--and it’s *very few*--that will allow him to go back and contest paternity / be relieved of child support (again, with no visitation rights). But in the majority of states, if he fails to contest paternity during the divorce proceedings, he’s barred from going back and contesting it at a later date.



Of course, I say all that assuming you live in the US. If you don’t live in the US, then the laws may be totally different in your country.

Answer 2

I'm very sorry to hear about your dad and what's happening with your family. I erased much of what I originally wrote because it isn't particularly helpful to your father's goals and situation.



As for whether your father has a lawsuit, he needs to consult an attorney, preferrably one who specializes in either family law or representing plaintiffs in lawsuits. They'll be able to put in the hours of research that are needed to determine your father's rights. If you see the latter type of attorney (not the family law kind), you usually don't have to pay anything outside of the initial retainer, since they take their fees at the end of the lawsuit if you win.



Good luck, and I hope things work out for your father and your family.







KP- You are right. I misinterpreted a Supreme Court case I read a long time ago. My apologies. On second look, the case doesn't really address his question, so I cut it out of my answer. The case, which I'm sure you read, didn't actually create an irrebuttable presumption at all, it just upheld a California state law, which created a semi-rebuttable presumption that a man married to a child's mother at the time of that child's conception, to be constitutional. The state law did not allow the natural father to prove paternity and get visitation rights to the child even where the mother was pushing for the natural father's visitation rights (I believe over the husband's objection, but I didn't find that for certain on my brief second reading of it). The Court cited policy reasons based on keeping the family unit intact. Here's the cite in case you still want to read it, although my guess is that you've read it, but just didn't recognize it from my misinterpretation. Michael H. v. Gerald D., 491 U.S. 110 (1989).

Answer 3

Most likely he cannot. The Law in every state recognizes the man married to the woman as the father unless it is known at the time of birth he isn't and he peruses legal action. Your mother is unfit and should disappear from the face of the earth. Painfully. The two boys are b-stards but it is your mother's fault. After she disappears he should consider them his own and be the only father they have ever known. 8~)

Answer 4

Well, I am sure he loves them as they were his own. You didn't state if he is still with the mother....my only legal action would be divorcing that cheating beeotch!!! Who cares if he paid the money to raise them, he is thier dad, he may not be thier father, but he is their dad!!! And thats 10X better.