I live in Texas and I am going through a divorce. I was looking at getting custody of both of our children when my ex dropped the bomb that she was pregnant when we got married and not by me. She actually produced the guy and we had court ordered testing done..he is her father and he has known all along. My daughter is now living with her mother and won't even talk to me stating I am not her father she wants to find out who her father is and get to know him. I have my son and we will be going to court soon to finish everything. I just would like to know what court prcedences have been set in situations like this one. I think someone owes me 14 years of back child support since I provided 100 percent of the support since she was born!
2007-12-04 16:45:44 · 16 answers · asked by Eric F 1 in Family & Relationships ➔ Marriage & Divorce
I love my daughter some people seem to think that if I sue either of them it means I don't. The reasoning behind me wanting to sue is the fact that I have been told by my lawyer that because I am not the biological father I will be losing all parental rights to her and will have no visitation rights. I was trying to get a second legal opinion without having to go through finding another attorney. My ex was also sending this guy pictures of our daughter throughout our marriage so he knew. She is also not asking for any support from him and he is planning on signing his rights away for her as long as my ex allows him to still see our daughter. He has been out spending all kinds of money on her because he still lives in his parents home at 34 years of age. I also paid support on my kids while serving in Iraq when the divorce first started. I would rather just have rights to my daughter than any money but if I don't I feel someone should pay something for the fraud against me.
2007-12-05 04:06:35 · update #1
I understand how you feel. But you were married to her mother so I can't see anyone owing you anything unless you were actually paying child support. Granted what she (your wife) did was wrong.
You have thought that this child was yours since the day she was born, i don't see how you can feel anyone owes you anything. I mean you must have loved the child. I'm not making judgments or accusing just debating.
2007-12-04 16:55:20 · answer #1 · answered by rene1695 5 · 1⤊ 2⤋
first of all, i'm sorry that your daughter is not your biological child and that her mother didn't tell you that the child was not yours. anyway, in many states, if you accept the responsibility to raise the child as your own, the law will view it that way. maybe the child is against you because he mother has poisoned her against you. you don't give details about your relationship with her and the mother. if your relationship was one in which there was abuse or cruelty on your part toward them, then you can see why. or if it's not, there is nothing you can do, only the passage of time will prove to this little girl that you are her father. if you will have custody of the son and she the daughter, maybe things can be split equally and neither will owe the other. at any rate, i wouldn't try to go for repayment of any support. that would show that you didn't care about the child. i know you're probably hurt that she wants to get to get to know her biological father, and that's understandable. but just keep being supportive, let her know that even though she is not your biological daughter, you love her and consider the bond you have as stronger than any blood ties. again, this is considering that you didn't have a bad relationship during the time you and your wife were married, otherwise...i hope that everthing turns out fine for your family and i wish you the best
2007-12-04 17:15:09 · answer #2 · answered by thecatmama 3 · 1⤊ 0⤋
I suspect the answer can really only come from a lawywer, but before you ask it, you probably need to work out how much money you want to gamlbe chasing some form of "payment".
Personally, forget it, use the information to to ensure that you get as much as you can of the settlement. Afterall, you are looking after your only child, so I guess your ex-wife probably has to contribute support {:-).
Otherwise, just get on with enjoying life and your son.
Eventually, your daughter may realise that her true "father" is you and the other guy was ajust a sperm donor. Don't stress on it. Your ex couldn't have made a better admission.
2007-12-04 16:58:54 · answer #3 · answered by Terryc 4 · 1⤊ 0⤋
Sorry to assert yet bio dad has somewhat some rights. He might ought to sign to have her final call replaced. There relatively isn't an way of having around the visits. Technically he's her father and has the main staggering to spend time along with her no count number what she or you thinks approximately it. till he's in some way abusing or neglecting her she has to circulate or particular you would be held in contempt. She would not have a decision approximately visits she purely might get to %. which homestead she lives in finished time.
2016-10-19 05:38:14 · answer #4 · answered by ? 4 · 0⤊ 0⤋
NO you cant sue him you can sue your ex though so just do that and make sure she changes the kids name , I mean you do know that once you go her for what you've payed you wont see the child again? nice hey poor kid look forward to drug abuse , sex abuse and lots of babies from this girl because you walked out on her , love doesnt mean anything does it?
Seriously , is it worth it? This bloke knew about her and wanted nothing to do with her until her mother knew she was gunna lose her so she pulled a madonna and dragged his @zz back into this girl's life , he's gunna walk the minute she goes him for child support and believe you me , shes gunna go him the whole 14 years worth so she'll have the cash to spare.
Women really make me sick , if you knew the child wasnt the husbands why fool him into marriage stupidity isnt inherited.
2007-12-04 18:09:10 · answer #5 · answered by JadeyOz 5 · 0⤊ 0⤋
This must be very painful for you because the child did not commit the lie and how can one just stop loving a child after 14 years---I will not attempt to give you legal advice I'm not a lawyer, please refer to your lawyer you may be entitled to some type of compensation.
2007-12-04 17:07:22 · answer #6 · answered by Joan J 6 · 1⤊ 0⤋
you MAY be able to sue your wife but not the father..... but you should know that acting that way may push your daughter futher away, by making it seem as though you want rid of her (that is how i would feel) as of right now she is very confused and torn between you and her mother... give her time to realize what happend and just let her know you still love her, she will most likely come around again.
2007-12-04 17:00:57 · answer #7 · answered by jasonsgirl_825 2 · 2⤊ 0⤋
the money will not win her back, nor will it make you feel better.
she may disrespect you now, but when she finds her real father who will probably not even want anything to do with her, she'll realize what a real father is. i didn't always get along with my step dad. i didn't even call him dad till i long had a kid of my own. i have to respect a man that came in and took care of my mother, me and my brother. that was a raw deal for him.
don't let your feelings cloud your judgment. otherwise you're going to dig yourself a hole you'd rather not be in.
2007-12-04 17:09:17 · answer #8 · answered by Joshua's Dhrama 3 · 1⤊ 0⤋
I'm sorry, but there is nothing you can do at this point. As a matter of fact, you will have to pay child support for your daughter until she is 18. Regardless of the DNA, she is legally your daughter, and the court will not charge the bio dad child support at this point. It sucks, but that's the law.
Hopefully, your daughter will grow up enough to realize that her dad is the one that raised her - the other guy is just a sperm donor.
2007-12-04 16:51:55 · answer #9 · answered by rlb1961 3 · 5⤊ 2⤋
I realize you are hurt and angry but you are angry at a child. Wasn't she worth that support and love? Love is unconditional, even in this case. Did it occur to you that he was doing the best thing for her and it wasn't about taking you for a ride?
2007-12-04 16:51:55 · answer #10 · answered by tjnstlouismo 7 · 0⤊ 2⤋