Custody & Kidnapping

Often times, it may be difficult to take away a man’s paternity rights after a significant period of time has passed. Generally, if such a request is made (to disprove paternity), judges may consider how long it has been since the man has held himself out as the father and what type of understanding the child has about the man being the father. If the child thinks of the man as his/her father, it may be possible that a judge would say that both parents are “equitably estopped” from now saying he isn’t the father. In other words, due to fairness to the child, the father or mother may be prohibited from trying to disprove his legal paternity.