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    laydeenpurple's Avatar
    laydeenpurple Posts: 8, Reputation: 2
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    #1

    Dec 28, 2006, 10:40 AM
    Sister in laws adoption
    Our sister in law adopted a baby boy with her then husband at the time. The how to's, I won't go in to detail of how they got him. My question is, her ex-husband is now trying to get a blood test to show that their son is not his. She is saying there is a statue of limitations on it. The boy is now 7 years old and she said it ends at 4 years old. Can anyone tell me if this is true or not? We'd love to know so we can of help get an 8 ball in our ex-brother in laws pocket so to speak. Thank you!
    hottiex24u's Avatar
    hottiex24u Posts: 15, Reputation: 2
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    #2

    Dec 28, 2006, 11:16 AM
    It does not matter if he's a biological dad, if his name is on the birth certificate and the split is just recent he will still have to pay child support
    laydeenpurple's Avatar
    laydeenpurple Posts: 8, Reputation: 2
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    #3

    Dec 28, 2006, 01:42 PM
    The thing is they just put the ex-husbands name on the child's birth cert. Now after 7 years and the split he decides he doesn't want to claim the child. Was this legal and does he have any rights? I guess he already did go have a blood test but my sis in law said he can't use it because it's too late. Is he just screwed all the way around?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Dec 28, 2006, 01:54 PM
    There is no statute of limitations on paternity.

    He can give up his rights, but he will still be responsible for financial support.
    laydeenpurple's Avatar
    laydeenpurple Posts: 8, Reputation: 2
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    #5

    Dec 28, 2006, 02:40 PM
    Even though he isn't the birth father he is legally and financially obligated? To support the child?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Dec 28, 2006, 02:41 PM
    Ok, adoption then paternity tests, I am confused.

    But the laws on this very greatly from state to state in the US and I am just guessing US, since you did not say.

    In some states after a time of a few years if you are listed on the birth certificate you are liable for child support even if latter you prove it is not your child, But many states in the US if he proves he is not the father and he did not adopt the child , he would not have to pay child support

    But this opens a very big other issue, IF he is not the father by DNA, then the adoption if he was the father by the step mother would not be legal, since the real fathers rights to contest the adoption was not given.

    So if he turns out not to really be the father, it is possible that she actually by law may not be the adopted parent either?

    This is a time for the very best family law attorney money can buy.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Dec 28, 2006, 02:46 PM
    I too am confused. Did they adopt a child that someone claimed the husband fathered?

    Be that as it may, if they both signed the adoption papers, then they took responsibility for the child. The only way he might get out of that responsibility is if they adopted a child that someone claimed he fathered.
    jrussole's Avatar
    jrussole Posts: 163, Reputation: 12
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    #8

    Dec 28, 2006, 02:58 PM
    Excellent reply Father. But what I am confused about is if the child is adopted, why would a blood test be needed? Unless, he was known at the time as being the biological father? And J-9 is right, there is no statute of limitations on paternity. There are laws of related to liability for child support. You can do a browser check on Child Support Enforcement NY for example. And see if the state has a limitation or not. Your sister in law may have meant that in your particular state, after 4 years of being his child on record- she is his child legally. And will be responsible for the emotional and financial support of the child. Adopted or not. This child has been his child for many years, I am gathering from your post. Please don't support a deadbeat.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #9

    Dec 28, 2006, 03:37 PM
    Whoa, I am totally confused now too!!

    Quote Originally Posted by laydeenpurple
    The how to's, I won't go in to detail of how they got him.
    Apparently we need to know this!!

    Either the child is biological, or he is not, he is adopted or a step.

    Okay, please fill in the gaps!
    jrussole's Avatar
    jrussole Posts: 163, Reputation: 12
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    #10

    Dec 28, 2006, 04:08 PM
    We need to eat the meat in order to get to the pudding!
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #11

    Dec 29, 2006, 09:21 AM
    Did the husband adopt the child along with your sister-in-law? If so, then he is legally the father and no blood test will erase that. As such, he has all the rights and responsibilities that go along with being the father, biology notwithstanding.
    laydeenpurple's Avatar
    laydeenpurple Posts: 8, Reputation: 2
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    #12

    Dec 29, 2006, 08:02 PM
    Before I go into further detail about this. All this information is all strict confidential. Right? Once I find that, I will fill in all the gaps. Thank you for all your help.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #13

    Dec 30, 2006, 01:01 AM
    I guess it is confidential since we have no clue who you are or where you are. But the internet is hardly confidential.
    laydeenpurple's Avatar
    laydeenpurple Posts: 8, Reputation: 2
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    #14

    Dec 30, 2006, 01:15 AM
    Ok. Here's the poop scoop. My sister in law and her then husband had a friend.
    Her friend had a sister who had a baby boy. This lady already had given up a couple of other kids as it was.
    Well, this lady didn't want this almost newborn baby boy as she had enough on her plate, so my sis in law takes the boy. The birth father was no where in sight and did not know of the baby even. So they put my ex brother in laws name on the birth cert since it had been left blank.
    This is how they came to have this "child". Neither one of them ever really as far as we know ever really "legally" adopted him.
    Couldn't our ex brother in law start a lot of trouble with something like this? Then on the other hand, he'd also get himself in a world of hurt also.
    What I would like to do is try and track him down and tell him not to believe every word my sis in law is feeding him. I doubt he's believing her but then again you never know.
    Is there any help I can offer him, if we can find him? Thanks again!
    jrussole's Avatar
    jrussole Posts: 163, Reputation: 12
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    #15

    Dec 30, 2006, 04:24 AM
    Quote Originally Posted by laydeenpurple
    Ok. Here's the poop scoop. My sister in law and her then husband had a friend.
    Her friend had a sister who had a baby boy. This lady already had given up a couple of other kids as it was.
    Well, this lady didn't want this almost newborn baby boy as she had enough on her plate, so my sis in law takes the boy. The birth father was no where in sight and did not know of the baby even. So they put my ex brother in laws name on the birth cert since it had been left blank.
    This is how they came to have this "child". Neither one of them ever really as far as we know ever really "legally" adopted him.
    Couldn't our ex brother in law start a lot of trouble with something like this? Then on the other hand, he'd also get himself in a world of hurt also.
    What I would like to do is try and track him down and tell him not to believe every word my sis in law is feeding him. I doubt he's believing her but then again you never know.
    Is there any help I can offer him, if we can find him? Thanks again!
    Sorry guys, don't know how to break it up like you chuff in order to get straight to the facts!
    Yes, it sounds like real poop to me!
    First of all I would like to reflect upon the birth father and his rights to know that he bore a child. He should have been found or an attempt should have been made in order to make him aware of the child.
    Second, your brother in law is the PARENT. Whether they lied about his sperm being on the birth record or not. He is the man that has been raising this child for 7 years. He is the only REAL father that this child knows and loves. And I hope he respects that blessing into his life.
    Third, your involvement may cause you harm in the long run. But if you are compelled to get involved you could advise him, even anonymously.
    Yellow Pages, White Pages, Maps, and more - Switchboard
    ZabaSearch - Free People Search Engine
    The Ultimates
    Are good and free search avenues to find someone.
    Yes, your x-brother in law can start a lot of trouble with this. The child was acquired due to a lie. But that will also cause him additional trouble.
    Which he may not want to reveal to others. For the embarasment alone. Yet if it becomes a factor of child support, he will probably have to pay it anyway. He is the father that has been raising him. It is my hope that he does the right thing by his child. And financially as well as emotionally support this little guy.
    This little guy has gone through enough in my book. He already has had his share of challenges in his life. And is only 7 years old.
    He lost a birth mother. A birth father. And now has to deal with a broken home. I hope both parents realize the blessing that they have and do right by him. Whether they are together or not, it is now secondary to the enrichment of his well being and it is my hope they love him enough to realize it.

    In whatever you do, please take that child's well being into consideration, first and foremost.

    These types of stories make me very sad!:(
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #16

    Dec 30, 2006, 06:46 AM
    Several points to make here.
    The confidential aspect of this site is in the anonymity. Since we have no clue who you are, we can't connect what you tell us with real people. But you anyone with a computer and Internet access can read this. Its possible someone who knows part of the situation will read it and recognize the people involved.

    Second, both these people appear to have committed fraud. I'm assuming they have no official documentation adopting this child. A birth ceritificate is an official government document. Allowing or causing false info to be entered on such a document is fraud. If he goes ahead with a paternity test and the truth comes out they will both likely be prosecuted. They could even be prosecuted for kidnapping. That would be a possibility if the birth father is found and presses charges.

    Then there is the child to think about. Most likely this child will wind up in foster care. Does he know he was "adopted"?

    My advice is that both parties to this fraud need to seek the advice of an attorney. I am thinking primarily of the child when I suggest that opening this can of worms is not a good idea. The lie hasn't been discovered for this long, but will quickly be discovered if a paternity test is ordered.
    jrussole's Avatar
    jrussole Posts: 163, Reputation: 12
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    #17

    Dec 31, 2006, 05:48 AM
    Yes, I have to agree with you ScottGem- it is fraud.

    And I do hope that both parents consider this as well as the poster, before they drag this little guy- through any more hardship!

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