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View Full Version : Can NON bio dad sue bio mom for C/S ?


teenam1112
Feb 23, 2007, 09:04 AM
I am divorced from ex . Who has been a father figure to my oldest daughter for 15 1/2 years . She is 16 (17 in June of 07) . If she decides to move in with him . Can he sue me for C/S ? He is NOT the bio dad . And he does NOT have legal custody of her at this time . Can he sue me for C/S , or will the bio dad have to be brought into this matter ?

Fr_Chuck
Feb 23, 2007, 09:37 AM
If the bio dad objects, he could sue for custody.

In reality, the non bio dad has no legal standing at all, he is not even legal to sign for her to go to school or sign her into the hospital or for medical care without some power of attorney from you.

And he has no real legal grounds to sue for ,or get custody, she lives with him only because you are allowing it.

Also he has no legal standing for child support since he can not get custody legally of the child.

And the bio dad will only come in to this if he objects or if one of you drag him into it.

excon
Feb 24, 2007, 08:43 AM
Hello teen:

As the Padre said, you can't be sued. But, you DO want to support your children, don't you? You ARE going to send money, like a good responsible parent, aren't you? Good! I knew you would.

excon

shygrneyzs
Feb 24, 2007, 09:00 AM
A simliar case like this happened not too long ago here and the Judge said that even though the ex husband was not the biological Father, he had assumed all the roles and responsibilities of being the Father ( a boy in this case). The ex had even adopted the child when he married the Mom. The boy went to live with his "Dad" and the Mother was ordered to pay child support. The Mother appealed it, stating that the ex was not the biological Father. She lost her appeal.

So maybe it went this way because the man had indeed adopted the son.

In your case, it would be the better thing for you to give child support. Just because there may a law saying you do not have to? Does that make it allright? If you do not intend to give child support, are you at least going to help your daughter with clothes, shoes, school expenses, medical expenses, etc.

teenam1112
Feb 24, 2007, 11:55 AM
No , I will NOT pay him C/S as he is currently behind in paying on our two girls together as we speak . And NO he did NOT adopt her . I have our two children together with me . This is the type of person I am dealing with . He has this past OCt 2006 filed for custody of ONLY 1 of our 2 girls together . He filed for our youngest 12 and left the 15 year old hanging , wondering why it is that he did'nt fight for her ? And he has NEVER paid C/S on my oldest , that is now living with him . Even after we separated and divorced . I never went after C/S for my daughter against him . He is only doing this to get back at me . And in the process he's hurting our girls . And as we speak I am pying for her medical , and as we speak I take all the girls to and from the doctors . Just got back today checking on my daughters knee .

excon
Feb 24, 2007, 11:59 AM
Hello again, teen:

Yeah, he's a prick. But your daughter still need to eat.

excon

shygrneyzs
Feb 24, 2007, 12:51 PM
So you can prove all this, as you have stated. Sure he can try, but that does not mean he will be successful. Hope you are successful.

teenam1112
Feb 24, 2007, 04:41 PM
Yes , I can prove all of this . C/S goes through a state registery , shows he is $2000.00 behind . I waived $13,000.00 in 2002 . To keep him from going to jail . So that my girls Daddy wouldn't be behind bars . I have been fair and honest and have kept him up to date on EVERYTHING that he is supposed to know about all the girls . And my daughter will eat . As he does make enough money . They only live 15 - 20 minutes from me . If my daughter EVER needed anything I would get it for her . But as right now w/ him . He does not deserve to be paid C/S by me . Like I said he's behind on his own bio children , and even though my oldest is with him . I will still be taking her to and from the doctors as I live closer to the office . As I do not take this out on my children . But I just want to make sure he doesn't try to screw me over . FYI... it was HE who came and sweet talked me out of the $13,000.00 . Saying he would pay me back outside of the courts . I've only seen the first years worth $1,000.00 . So really he is still $12,000.00 behind morally speaking and all . I will never see that money , as it was dismissed through the courts . I was very STUPID and gulible thinking I could trust him .

Nelliewobbles84
Nov 11, 2007, 07:23 AM
He can't sue you for custody he can't sue you for C/S

He has no legal claim to your daughter I live with my partner his daughter is 11 y/o now her mum has been absent for at least 7 years I've been her mum for 4 years but when she's cuts her self after going down the slide I have to call her dad from work to sighn for her stiches when the school calls when she's sick I have to call him to pick her up because I have no legal standing if I leave my partner I cannot sue for custody for her unless I can prove that's he's an unfit father but my daughters daddy can come to me tomorrow and tell me he's sueing for custody because he's the biological father he has those rights

But if I were you then I would bring my daughter home you ex sounds like a moron and I wouldn't want my daughter around someone that quite obviously doesn't care about the kids just about screwing with your mind you don't want that to rub off on her

macksmom
Nov 11, 2007, 03:55 PM
Bottomline, as far as this daughter is concerned... he can't sue you for ANYTHING. He did not adopt her, and he is not her bio father. There is nothing he can do to you in regards to her.

miheui
May 6, 2009, 05:52 AM
I realize that this is an old post, but I had to answer it. What everyone is saying here is totally false. The laws are different in various states, but most states go by the "best interest of the child."

"Today, anyone in a loving, parental relationship with a minor can file for and perhaps obtain custodial rights in a child. The relationship that must exist is an "in loco parentis" (or like a parent) relationship with the minor child. "

Step-parent Custody in Pennsylvania — DivorceNet (http://www.divorcenet.com/states/pennsylvania/pa_art12)