Can a man file a civil lawsuit against a woman who sends him to court to establish paternity?
I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning paternity.
In most cases, I think the answer to your question would be no. I don’t know the specifics of the circumstances you find yourself in, so my answer can only address the issue in general terms.
A mother has the right to legally establish that you (or someone else) are the biological father of her child. When you father a child, you are legally responsible to help provide for that child.
The only way I believe you could sue her civilly for taking you to court to establish paternity would be if you could show that she had absolutely no reason to believe that you could possibly be the father of her child and she only took you to court for other malicious purposes. That is a large burden of proof that rests on you in a civil suit.
In any paternity action, if there is any doubt in your mind about whether you fathered the child in question, you should ask for a paternity test. The beginning of a paternity action is the best time to establish whether or not you are in fact the father of the child. Simple DNA tests, using hair or a cheek swab, can determine with reasonably certainly whether you are the father of the child.
Remember, I am unable to provide you with anything more than general paternity tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your and how they impact your circumstances.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Utah divorce lawyer Dena L. Morgan, contact Cordell & Cordell.
One comment on “Can I Sue Over Being Sent To Court To Establish Paternity?”
My problem is South Carolina child support has herassed me for years over child support that I don’t owe.I have been jailed. Liscense revoked with no warning. I need help I’ve been battling this for years . I’ve sent them letters from other branches of dss. Tell them I do not owe chi!d support. To no avail. These people have ruined my life.