Thank you for your question. It seems to be confusing a couple of unique family law concepts but I will try to assist you. These are fact-driven inquiries and good family lawyer should be engaged to at least consult with you to gather all of the relevant facts.
By ‘misattributed’ paternity I am guessing that you mean that the wrong man has been alleged to be the father of a child. There are a number of avenues here. For example, if the child was born in an intact marriage, there is a strong presumption that the child is the offspring of the husband. Having that relationship severed, for example in a divorce case, is quite difficult. More so if the couple is not divorcing and the ‘real’ father wishes to establish his paternal rights to the child. In another scenario if paternity has been established either in a paternity action or by an administrative child support action, having that paternity ‘disestablished’ will require fairly sophisticated legal action. I have successfully handled a number of these cases and much pre-suit planning and post-filing discovery is required. In a third situation, where paternity has not been established either by a paternity action or an administrative child support case, then you will have a much simpler experience. Again, I would need many more facts to answer this part of your question and legal counsel is highly recommended.
In your second inquiry concerning child abduction, again this is a fact-driven question. First, who is the alleged ‘abductor’, the birth mother, the birth father, another relative or a complete stranger? Are there any court orders in place determining the rights of either the alleged ‘abductor’ or the non-possessory parent? If there was a parental relocation case filed, that might explain your situation. Again, these are fact-driven questions and a good family lawyer should be consulted to assist you in answering them.
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