I was briefly involved with a woman who was married over 3 yrs ago. she got pregnant and her and her husband wanted to raise this child as their own. He had a vasectomy 10+ yrs ago but still wanted to do this. I stepped out because I had no interest in making things worse. They have since divorced and now he doesn't want to be financially responsible. The DNA stated I was the probable father but I have my own family and don't think it is fair that I stepped out when they wanted me to and now I am being taken to court. Child services says this is a very odd case and they are leaving it up to a judge. Do I have any legal leg to stand on?
2006-10-06 12:26:51 · 12 answers · asked by jayljasso@sbcglobal.net 1 in Family & Relationships ➔ Other - Family & Relationships
if the other guy legally adopted him then he should be financially responsible......but putting money aside......he is your son.....are you not the least interested in being part of your life......his your son........embrace it and extend your family
2006-10-06 12:29:10 · answer #1 · answered by askaway 6 · 0⤊ 1⤋
I don't know. But when they said that they wanted to raise the child on their own you should have signed over your rights that way you would have been okay legally. Only thing I can say is I hope you get a good lawyer because that back child support isnt any joke. I feel where your comming from though. They shouldnt have done that. But I thought a baby conceived during a marriage didnt matter who the father was the husband still had to take care of it. But thats what I've been told so I don't know. Goodluck though.
2006-10-06 12:31:46 · answer #2 · answered by dimergurl247 2 · 0⤊ 0⤋
Get a lawyer. And find out who's name is on the child's birth certificate. In many states, a judge may make him pay child support not because of his legal status but because of his behavior. The judge would follow the "equitable doctrine of estoppel."
Under that doctrine, the court may hold that because he acted like a parent and permitted the child to rely upon him -- even though he was legally a "stranger" to the child (biologically speaking)-- he adopted the biological or "real" parent's duty.
Once a court makes that determination, the stepparent or friend or lover, the grandparent, or even the deceived husband, may NOT successfully deny a future obligation of support, because he has voluntarily in the past provided support.
Just look up "equitable doctrine of estoppel."
2006-10-06 12:38:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What do you want? If you are being taken to court, then that means that you will be paying child support, then I think it will be in the best interest for the child to know his Dad. I am sure when you go to court, the judge will ask you what you want, so you and your family need to be thinking about the future with this child. As the father you do have right.
2006-10-06 12:36:36 · answer #4 · answered by roseannetb@verizon.net 6 · 0⤊ 0⤋
The judge will make you to pay child support. The judge will also determine the amount of child support you will have to pay and the amount you owe for the past 3 years (you will have to pay 3 years of back child support). The judge will consider your own family you have to provide for also. Then, the "Dad" ( who is not a Dad anymore) can sue the child's mother for the reimbursement of the amount of money he spent on a child during those three years. Hope this helps/
2006-10-06 12:44:48 · answer #5 · answered by OC 7 · 0⤊ 0⤋
Did you sign any kind of document releasing you from any responsibility? Also in most states. The man who is stated as the father on the birth certificate usually has the responsibility, especially if they were married at the time the child was born.
2006-10-06 12:32:54 · answer #6 · answered by Kali_girl825 6 · 0⤊ 0⤋
I think the only legal leg you have to stand on is if the other man legally adopted the child. The child is only 3, he should have paternal support and I would excercise my right to be involved in his life. You might be surprised what a blessing he will be to you. Even though your agreement was not to be in his life, you just might be the best thing that has happened to each other.
2006-10-06 12:32:54 · answer #7 · answered by Anonymous · 0⤊ 1⤋
It's ur seed, u've made a big mess, u clean it up, don't expect ur parents to raise ur own seed. It's bad enough dat they had to raise their own pathetic rotten seed...Don't torture them anymore and don't try to pin da child support on other dude either. Don't get me wrong, da lady dat u've been w/, she ain't got too much class or respects for herself or her husband. And ur not a very decent one either, don't try to be noble and sentimental about da situation because clearly these are not part of ur characters...Ur just an opportunistic player who came in knock-in. But there's no reason to cry over spilled-H2O, if u were man enough to do it, then u better man enough to face da music cuz u ain't gonna get away from it.
2006-10-06 12:41:46 · answer #8 · answered by Infinite 4 · 0⤊ 0⤋
Well did he adopt the child,was there any legal papers signed,or did you just step away,if you just steped away,then yes you are still responsible for the childs welfare,you are still legally the childs father..So stand up be man and take care of your child...
2006-10-06 12:35:37 · answer #9 · answered by dreamcatcher61670 1 · 0⤊ 1⤋
sorry man if you are the dad then its your responsibility and no you don't have a leg too stand on ,the child is also your family , live with it and support your child ,
2006-10-06 12:33:53 · answer #10 · answered by ? 4 · 0⤊ 0⤋
You need to step up and take your responsibility, instead of trying to run away like a little boy.
The other guy, stood in your shoes for a long time.
There is no way to deny this little boy support.
2006-10-06 12:31:18 · answer #11 · answered by Anonymous · 0⤊ 1⤋