Divorce Paternity Fraud Kentucky

Summary

In Kentucky, paternity fraud is a serious matter. Divorce papers and a negative paternity test can be strong evidence of paternity fraud. A family law attorney can guide through the legal process, represent in court, and ensure rights are protected. If paternity fraud is proven, the court may order a name change. Making false statements about paternity can be considered illegal and may lead to perjury charges or paternity fraud. Compensation from a paternity fraud case can be complex, especially if the defendant has no income. Emotional distress claims can be pursued under certain circumstances. If her actions are causing distress, options include documenting all instances of harassment, considering filing for a restraining order, and discussing defamation or invasion of privacy lawsuits with an attorney.

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I have a question about divorce
Hello! To provide the most accurate information, could you please specify your location and a bit more about the nature of your divorce question?
Kentucky
Hello! It seems you have questions about divorce laws in Kentucky. Could you please provide more details about your specific question? Is it about the process, division of property, or child custody?
Okay. My husband and his ex got a divorce Dec *, *. She was restored to her former name and no children were born of the marriage. I still have the legal documents. He hasn’t had any contact with her in over four years. * she is pregnant by another man and is trying to fraudly name her child after my husband whom isn’t the father. What can we do about this?
In Kentucky, paternity can be established by the "presumed father" rule. However, since they're divorced and he hasn't had contact, it's unlikely. If she insists, your husband can:
- Request a paternity test.
- Seek legal advice or representation.
- File a petition to disestablish paternity if necessary.
Keep all documents proving no contact. Don't engage without legal counsel.
Could we sue her for paternity fraud?
In Kentucky, paternity fraud is a serious matter. Yes, you can potentially sue for paternity fraud if it can be proven. However, this is a complex process and requires legal counsel. It's recommended to consult with a local family law attorney for further guidance.
What happens to her in court when the paternity test is negative and they see that she’s lied?
If the court finds she lied about paternity, she could face:
- Legal consequences for perjury if she lied under oath.
- Potential financial penalties.
- Loss of credibility in future legal proceedings.
However, outcomes can vary. Please consult with your attorney for precise guidance.
Are the divorce papers and the negative paternity test enough to show she’s committed paternity fraud?
Yes, divorce papers showing no children were born in the marriage and a negative paternity test can be strong evidence of paternity fraud. However, additional evidence may be needed. It's crucial to discuss this with a family law attorney.
What would a family law attorney help do about the situation
A family law attorney can:
- Guide you through the legal process.
- Help gather and present evidence.
- Represent you in court.
- Negotiate on your behalf.
- Advise on potential outcomes and risks.
- Ensure your rights are protected.
Would the court make her change her child’s name when they see she has committed paternity fraud?
In Kentucky, if paternity fraud is proven, the court may order a name change. However, final decision rests with the judge considering the best interest of the child. Consulting a family law attorney is advisable for further information.
How much does a family law attorney cost?
The cost of a family law attorney can vary widely based on factors such as the complexity of the case and the attorney's experience. On average, you might expect to pay between $* and $* per hour. However, some attorneys offer flat fee services for specific tasks. It's best to consult directly with attorneys for accurate rates.
So what she’s doing is illegal
Yes, making false statements about paternity can be considered illegal and may lead to perjury charges or paternity fraud. However, it is recommended to consult with a family law attorney to ensure proper procedures are followed in proving this.
What if she continues to do this in the future with different children she has
If she continues to falsely claim paternity in future, it could lead to further legal consequences for her. However, each case would need to be individually addressed. It's advisable to maintain legal counsel if such situations arise.
Could we get money back from suing her for paternity fraud? Although she doesn’t work?
In Kentucky, compensation from a paternity fraud case can be complex, especially if the defendant has no income. Courts may order restitution, but collecting may prove difficult. Discuss this possibility with your attorney.
What happens if she fraudulently signs his name on the birth certificate?
In Kentucky, if she fraudulently signs his name on the birth certificate, she may face legal consequences for forgery. Your husband can:
- Contest this with a paternity test.
- File a petition to remove his name from the certificate.
- Seek legal advice immediately.
Again, every case is different, so please consult with a family law attorney.
I know it’s just very annoying to deal with. I’m also pregnant and we want to sue her for causing me stress that didn’t have to be needed.
In Kentucky, emotional distress claims can be pursued under certain circumstances. To qualify, the stress must be severe, and the defendant's conduct must be outrageous or reckless. It's best to discuss this with your attorney to understand if your situation meets these criteria.
Not only is she committing paternity fraud but she constantly stalks our social medias from fake accounts and people send me posts about us that she’s constantly making.
This sounds like a difficult situation. If her actions are causing distress, you may have options:
- Document all instances of harassment.
- Consider filing for a restraining order.
- Discuss defamation or invasion of privacy lawsuits with your attorney.
Remember, each case is unique, so seek legal counsel.
Could she get in trouble for threatening me in a message to my husband when we first got together in *? I still have the proof?
In Kentucky, threatening someone can potentially be considered harassment, a criminal offense. If you have proof:
- Document it as evidence.
- Report to local authorities.
- Consult with a lawyer.
Please remember, each situation is unique and requires professional advice.
Okay, thank you very much for all of this information and answering my questions!
You're welcome! It's important to understand your legal rights and options. If you have more questions in the future, don't hesitate to ask. Good luck with everything!