Can I sue for Fraud and for stealing my son? 2 Answers as of July 04, 2013I am a victim of paternity Fraud. She knowingly lied and said someone else was the dad to trap him. I didn’t even know he existed until 2 days ago. DNA pending. If he is mine do I have any recourse? How do I get my son if he is mine from someone so immoral? Why isn’t this kind of thing criminalized?
Law Office of Michael W. Bugni | Jay W. Neff
The course of conduct you describe, as far as I am aware, is not criminal. I can't imagine any legislature wanting to inject criminal law into a "family" relationship by making it a crime to lie to your spouse, boyfriend, or significant other. Of course, if she was lying under oath, there may be a cause of action for perjury or false swearing. However, that would be between the prosecutor and her. You should also be aware that it is relatively rare for a prosecutor to actually pursue a charge of perjury or false swearing. Also, I am aware of no basis, at least in Washington family law for an action for general financial damages for the situation you describe. However, if someone was tricked or forced into paying child support improperly, it is possible that a court might order the reimbursement of that money. Also, if her behavior was bad enough it is possible that the court could award attorney fees. In terms of you getting custody of the child, once the issue of paternity is established, and assuming you are the father of the child, then, you would just have a normal parenting plan action. The court would decide the issue based upon the criteria laid out in the statute.
Answer Applies to: Washington