In many states, a man who is married to a woman at the time of a child’s birth is automatically presumed to be the legal father, regardless of biological paternity. Removing a name from a birth certificate typically requires action within a limited timeframe — often two years or less — and can be difficult to achieve even with DNA evidence.
Wallace did not discover the affair and question paternity until years after the child’s birth.
Gar, for her part, expressed frustration that she had been cast as the villain in a situation she insisted was never intended to deceive.
‘I’m the bad guy here,’ she said. ‘He could sit here and emotionally abuse me for years and I have to be the bad guy.’
The case, which aired on the syndicated court program ‘We the People with Judge Lauren Lake,’ has sparked debate about paternity laws, fraud, and the rights of men who discover they are not biological fathers after years of supporting a child.
Legal experts note that while Wallace may have a civil claim against Gar for fraud or misrepresentation, his obligation to pay child support under state law remains intact until the birth certificate is amended — a process that typically requires the biological father to step forward and accept legal responsibility.
That has not happened in this case.
The identity of the biological father was not established in court proceedings, though Gar confirmed she remains in a relationship with Dylan — the man she had the affair with.
Wallace left the courtroom with his legal obligation to pay child support unchanged, despite the DNA evidence proving he is not the child’s father.
As Judge Lake put it: ‘This is what paternity secrets do.’
Representatives for the parties did not respond to requests for comment.
