How to Disestablish Paternity and Fight Paternity Fraud in South Carolina Family Courts

Introduction to Paternity Fraud in South Carolina

Finding out that you are not the biological father of a child you have been raising-or paying support for-is a deeply painful and confusing experience. Paternity fraud happens when a mother intentionally misleads a man into believing he is the biological father. In South Carolina, if you signed a Voluntary Acknowledgment of Paternity (VAP) at the hospital, married the mother, or were named the father by a default court judgment, the state legally considers you the dad. Undoing this legal status is called 'disestablishing paternity.' It is not a simple or automatic process, even if you have undeniable proof. The courts prioritize the financial stability of the child, which makes fighting these cases complex. If you find yourself in this heartbreaking situation, we highly recommend searching our US Lawyer Directory to find a skilled South Carolina family law attorney to help you navigate the system.

Step-by-Step Guide to Disestablishing Paternity

Whether you live in Columbia, Charleston, or Greenville, paternity cases are handled exclusively in the South Carolina Family Courts. Unwinding paternity requires strict adherence to state statutes and proving that you were deceived.

The Statute of Limitations and Rule 60(b)

If you signed a Voluntary Acknowledgment of Paternity (VAP) at the hospital, you generally only have 60 days to easily rescind it. After that 60-day window closes, S.C. Code Ann. § 63-17-50(B) dictates that the VAP can only be challenged on the basis of fraud, duress, or material mistake of fact. Furthermore, if a court already issued a child support order declaring you the father, you must file a motion for relief from that judgment. Under S.C. R. Civ. P. 60(b), you usually have a limited time-often one year from the judgment, or within a reasonable time after discovering the fraud-to ask the court to reopen the case. Because these deadlines are tight, you must act the moment you suspect you are not the biological father.

Discovering Fraud Years Later via Consumer DNA Tests

Many men in South Carolina discover paternity fraud years later when they, or the child, take a consumer DNA test like Ancestry or 23andMe for fun. Suddenly, the results show no biological relationship. It is crucial to understand that consumer DNA tests are not legally admissible in South Carolina Family Courts. They do not follow the strict chain-of-custody rules required by law. However, your lawyer can use these consumer results as the basis to file a motion requesting an official, AABB-accredited, court-ordered DNA test. In cases like Ashburn v. Rogers, 420 S.C. 411 (SC Court of Appeals 2017), the courts have examined how and when paternity can be challenged upon the delayed discovery of fraud.

Men Paying Wage-Garnished Child Support

If you are currently paying child support through wage garnishment enforced by the South Carolina Department of Social Services, Columbia, you cannot simply stop paying just because you suspect fraud. If you stop paying without a judge's permission, you will be held in contempt of court and could face jail time. Your attorney must formally petition the court to halt the child support obligation while the paternity dispute is being litigated. Only a Family Court judge at a location like the Richland County Family Court, Columbia or the Charleston County Family Court, Charleston can officially terminate the garnishment order.

Men Facing Default Judgments

A 'default judgment' occurs when a mother names you as the father in a child support lawsuit, and you fail to show up to the court hearing. In South Carolina, the judge will automatically declare you the legal father and order you to pay support by default. Overturning a default judgment for paternity is notoriously difficult, but not impossible. Your lawyer must prove that you were not properly served with the initial lawsuit, or that the mother actively committed fraud upon the court by hiding the fact that another man was likely the father.

How Much Does it Cost in South Carolina?

Fighting paternity fraud requires investing in a solid legal defense. Typical costs include:

• Court Filing Fees: Filing a Summons and Complaint in a South Carolina Family Court to challenge paternity generally requires a $150 filing fee. You may need to file Form SCCA 401F, South Carolina, Family Court, Summons.
• Official DNA Testing: A legally admissible, court-ordered DNA test usually costs between $300 and $500, which you will likely have to pay upfront.
• Attorney Fees: Family law attorneys typically charge hourly rates ranging from $250 to $450. A contested paternity fraud case can cost anywhere from $3,500 to $10,000 depending on how aggressively the mother fights the disestablishment.

How Long Does the Process Take?

Disestablishing paternity is rarely a quick process. Once your attorney files the initial paperwork, it can take 30 to 60 days just to get a hearing for a court-ordered DNA test. After the test results are returned (usually within 2 to 4 weeks), the court must schedule a final hearing to review the evidence and issue an order terminating your parental rights and child support obligations. From start to finish, the process typically takes 4 to 8 months in the South Carolina family court system.

Frequently Asked Questions (FAQ)