In family law cases, a previously unknown or unpleasant secret may come to light or be discovered as a result of litigation. One such secret that has the potential to cause even more damage to a family than a divorce is a dispute over the paternity of a child or children.
If scientific testing has shown that a man is not biologically related to the child or if the mother reveals that the father is not the biological parent in order to deny him custody or a relationship with the child, a legal concept known as “paternity by estoppel” can be enforced.
What Is Paternity by Estoppel?
Paternity by estoppel is a legal principle that aims to prevent negative consequences that may arise from child support cases and could potentially impact the well-being of the child(ren) involved in the legal proceedings.
The main goal of paternity by estoppel is to prevent a father from avoiding child support obligations once his relationship with the mother has ended and to prevent a mother from denying any potential paternal relationship between the child(ren) and the presumed father. Additionally, it aims to prevent the biological father from assuming paternity of the child(ren) in question.
But the Kid Is Not My Son
In very, very sensitive cases involving children, doctrines such as paternity by estoppel exist for the benefit of the child(ren) first and foremost.
Of course, it can be devastating news to the father that the child he has grown to love and determined to provide for and protect is not his child after all—or at least, not his through biological relation, but is perhaps even more detrimental to the children involved.
Parameters for a Paternity by Estoppel to Be Enforced
When both parents are “stopped” from denying the father’s paternity to their child(ren), they are legally prevented from disputing paternity in court.
To determine paternity, the court will review any legal documentation that acknowledges paternity and examine whether the parents were married at the time of the child(ren)’s birth(s) or shortly thereafter. Additionally, any other relevant factors related to the case will also be considered, such as whether the father has previously acknowledged or been acknowledged as the father of the child(ren).
This can be determined if:
- Other people (relatives, friends, church members, teachers, etcetera) believed the father’s paternity
- The father himself had corroborated the notion of his paternity to the child(ren)
- Legal documentation
- Assumed father’s involvement thus far in the development of his relationship with the child(ren), and his provision of support
- And most importantly, if the child(ren) themselves regard the man as their father, and in the event that pretense is discontinued, would they be negatively affected in any way
Paternity by Estoppel: Final Statements
In situations where there are disputes over child support or custody, it can be challenging for anyone to feel like they have won. It is still advisable to seek legal advice from an attorney to get a better understanding of one’s situation. “It’s crucial to realize that in such cases, the state’s laws regarding child support or custody may be unique, and the outcomes may not always match one’s expectations, especially if they haven’t been predetermined,” says attorney Allen Russell of Atlanta Divorce Law Group.
