Ask Experts Questions for FREE Help !
Ask
    prose64's Avatar
    prose64 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jun 4, 2009, 09:40 AM
    I am not the biological father.can I sue?
    I was married in 1992, divorced in 2001. In 2007 I found out I am NOT the biological father of my eldest son. Can I sue my ex and/or the biological father who apparently knew he was the biological father from the get go but did nothing about it? I feel betrayed.:eek:
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
    		  
    #2

    Jun 4, 2009, 11:59 AM

    Doesn't matter if you were the biological father. If you were married to the mother when the child was conceived or born, you are/were the legal father and that's all that matters.

    Even if this weren't the case, no, because you were entitled to challenge it at the time of birth. Its your choice not to.
    MsMewiththat's Avatar
    MsMewiththat Posts: 854, Reputation: 136
    Senior Member
    		  
    #3

    Jun 4, 2009, 01:08 PM

    Stevetcg is correct that if conceived during marriage the child is considered yours. However, I think that I will get some slack for answering this way but I have seen cases were there have been suits if you are able to proof certain things. It will be important to know what state you are in, the law in your area, but nothing prevents you from bringing forth a suit against another person. Worse case scenario is you don't win.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #4

    Jun 4, 2009, 01:33 PM

    What state are you in ? You may or may not be beyond the SOL for filing paternity. Have you had a relationship with this child ? Is it all ending based on blood ?
    prose64's Avatar
    prose64 Posts: 2, Reputation: 1
    New Member
    		  
    #5

    Jun 4, 2009, 02:43 PM
    I live in California... does this help? Looking to sue for fraud not necessarily paternity.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
    		  
    #6

    Jun 4, 2009, 02:44 PM
    Quote Originally Posted by prose64 View Post
    I live in California.....does this help? Looking to sue for fraud not necessarily paternity.
    Were you married when the child was born?
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Biological Father [ 2 Answers ]

When I was in my early 20's my biological mother told me that the person I had called Dad for all those years was not actually my biological father but my adoptive Dad! I am now in my 60's and I guess my biological father would be in his 80's, but I am really feeling the need to find out who...

Biological Father not there [ 3 Answers ]

My ex has not seen nor spoke to my chilren in about 1 yr. I believe it would be best if he would relinquish all rights because my husband wants to adopt them. Has he abandoned them? My children are 3 and 19 months, their biological father has not seen them in nearly a year, we recently went to...

Can a father loose custidy if his not the biological father? [ 1 Answers ]

My husband has a 5 year old with son with a girl he had a thing with. She loved him and therefor she got pregnant and told him the child was his. She put him trough the ringer cause she wanted to be with and she realized he was never going to be with her she signed her rights to the child away. Her...

Adoption from biological Father to Step Father [ 5 Answers ]

Hello: One of my employees has children by her now husband and former husband. Her present husband wants to adopt her two children from her former husband. The biological Father is willing to relinquish his rights. She wants to draw up the papers without an Attorney because of the cost. If...

View more questions Search