Make Paternity Fraud a Crime in Colorado!
Make Paternity Fraud a Crime in Colorado!
Why this petition matters
My name is Roxanne. I am here today, in hopes to start a petition to raise awareness of Paternity Fraud.
Some information as to why I started this petition.. To be honest, my husband is a victim of Paternity Fraud. The case is within Colorado. My husband was defaulted "dad" when he was never served properly. Once we found out about child support (many years later) he contested paternity and demanded a DNA.
But Colorado only allows 2 years to challenge paternity. And by the time the default "dad" finds out he has been sued, it's too late. Colorado will not let go of the 2 year statute. This NEEDS to change! 2 years to challenge paternity is not a true safe guard, and doesn't give the alleged father time to challenge paternity, especially in cases where the alleged father was not properly served per the states civil rules of procedure.
After 10 years, we finally got a DNA test. (Through the accredited laboratory Child Support uses: Labcorp).
And even though DNA evidence excludes him from parentage, the courts still make him pay child support. And even though the mother knows that is not the dad (and has for years prior to dna evidence), she refuses to do the right thing, and terminate the child support, and forgive the arrears. My husband has never met, seen, or talked to the child that he is being forced to pay child support for. This is a problem. And my husband isn't the only victim of Paternity Fraud, the child, and the biological father is also a victim of Paternity Fraud.
A Breakdown of what Paternity Fraud is: So, what is Paternity Fraud? Well Paternity Fraud occurs when a mother omits/falsifies any document and choosing a man to be the father to her child, knowing that he is not the father, but choses to list the non biological father anyways. (Doing so, to receive TANF). Falsifying any government document under oath, is a crime, and should be enforced once the fraud is discovered and proven. Paternity Fraud is a growing problem within the United States, and needs to be dealt with. Fraud is fraud, no matter how you specify it.
According to the American Association of Blood Banks, 'A research report was submitted by accredited parentage laboratories. The results showed THREE out of every TEN men tested, WERE FOUND NOT TO BE THE BIOLOGICAL FATHER'. IDTO Immigration DNA Testing & Paternity Testing Services . (2022). Paternity Fraud . https://immigrationdnatestonline.com/paternity-fraud-2/
'Aside from money issues, paternity fraud is a violation of a child's right to know his or her own identity, and the identity of his or her father. The child has a right to have a relationship with his or her biological father and mother. Additionally, the proper identification of a child is important for genetic and medical reasons, as well as inheritance and medical coverage'. Women Against Paternity Fraud . (2018). What is Paternity Fraud?. https://womenagainstpaternityfraud.org/paternity-fraud/what-is-paternity-fraud
Not only should Paternity Fraud be recognized by the United States, but it should be recognized on the Federal Level as well. Some states such as Tennessee, Oklahoma and Florida recognize Paternity Fraud. For example, Oklahoma passed a new parentage law in 2019. If the man can prove fraud, with a DNA test result, he can challenge paternity at anytime before the child turns 18. Colorado has outdated Paternity Laws, and I think it's time that Colorado works to update them like Tennesse, Oklahoma, Florida, and many other states. ESPECIALLY WHEN FRAUD CAN BE PROVEN WITH DNA EVIDENCE. DNA is used to either place someone at a crime scene, or to clear them of a crime scene. DNA is also being used to free wrongfully convicted men and women.. We need to use DNA evidence to free non-biological parents!
When it comes down to it, not only is the non biological father damaged beyond repair, but so is the child, and so is the biological father (especially if he finds out that he has a child out there). Most women, often do not care who they hurt, as long as they receive a paycheck from the government. This needs to stop. Why? Because the child will not know their true identity over a default/non biological father. Their identity (emotionally and physically) is at stake because the courts name who they want as father. Especially in situations where a man was defaulted. (In these cases, the man was never served, and doesn't find out he had been sued until many years later). THAT, is damaging. Especially to the child involved. Because they will find out the "legal" father is not their father.
No man should be forced to pay child support to a child he didn't partake in making. No man should be trapped by law to pay child support to a child that is proven to not be theirs, but to a child that does not even know that the "legal" father exists.
WE THE PEOPLE NEED TO TAKE A STAND, AND PUT AN END TO PATERNITY FRAUD.
I've done quite a bit of research within the State of Colorado, since the case is in Colorado. And I stumbled upon this bill that was passed in 2015. The bill involves crimes of Deception and lying on birth certificates.
Colorado recently passed a house bill HB-151282 Crimes of Deception and Lying in Birth Certificates. The bill states that if a birth parent intentionally omits material information regarding his or her own personal data for use in the preparation of an original birth certificate registering the birth of a child, making it a class 2 misdemeanor. This bill creates a crime of submitting false information for the preparation of a birth certificate.
This was passed in Colorado June 5, of 2015. Obviously there is an issue here, or this bill would not have been passed.
So, I want to introduce a few remedies to help prevent paternity fraud; before any woman can receive any TANF, or Child Support, A DNA TEST IS MANDATORY, and the BIOLOGICAL FATHER is found. Meaning, that if she has not listed the correct father, or found the father, then, it will only delay receiving benefits on her end, for omitting information on a government document. (If the mother can't receive benefits then maybe that will prevent her from falsifying or omitting information about the biological father.)
I also want to introduce this remedy that if the non biological father has in hand, a DNA test result that excludes him from paternity, that the courts accept the DNA test, and vacate his paternity, as well as order the office of vital statistics to remove his name from the birth certificate, immediately. (No matter how much time has passed). Not only that, but once it is proven with DNA evidence, then the mother SHOULD be held liable to lose her benefits, AND BE COURT ORDERED TO PAY BACK ANY, AND ALL CHILD SUPPORT THAT SHE RECEIVED, KNOWING THE MAN WAS NOT THE FATHER.
When it is proven that the mother committed paternity fraud, then the court's should indeed order that the mother be required to pay fines, and receive jail time for committing fraud, as well as have her wages garnished, and taxes intercepted for committing paternity fraud.
It is time WE THE PEOPLE take a stand, and END PATERNITY FRAUD. This is so important, because children should not be forced to grow up with a lie that a non biological father, is their father.
Yes I do understand that the child needs stability, and financial support. BUT from the right man. Having someone name someone else as a parent, or the courts name someone else as a parent, is NOT "in the best interests of the child." What is in the best interests of the child is to know who their TRUE parents are. The default dad and legal father over biological father is what will damage the child once the child finds out the truth. How is that in the best interest for the child? That is causing great harm to the child in all reality. The child, is an individual with THE RIGHT TO KNOW who their biological parent is.
Please read, sign, and share. Because Paternity Fraud could happen to anyone we love and care about.