15yr Old Son, just found out

[Bnet]

What is the name of your state? FL

It has been 20 hours since I found out I may have a 15yr old son from a women out of wedlock. The facts as I know them: The child was adopted by his step-father about 4 years ago. The mother, as far as I know, has not ordered a paternity test or taken any legal action. She wants me to send her money now. If the child is mine I will do the responsible thing and support him. From what I have read on these forums over the last 10 hours is that most people do not recommend sending money without a Court Order of some sort. My question is where do I stand legally with the boy being adopted by her current husband? Any input would be greatly appreciated. Thank you in advance.

[Gracie3787]

Originally Posted by Bnet

What is the name of your state? FL

It has been 20 hours since I found out I may have a 15yr old son from a women out of wedlock. The facts as I know them: The child was adopted by his step-father about 4 years ago. The mother, as far as I know, has not ordered a paternity test or taken any legal action. She wants me to send her money now. If the child is mine I will do the responsible thing and support him. From what I have read on these forums over the last 10 hours is that most people do not recommend sending money without a Court Order of some sort. My question is where do I stand legally with the boy being adopted by her current husband? Any input would be greatly appreciated. Thank you in advance.

Legally, you have no responsibilty at this point to do anything.

Tell her that if she wants money from you she MUST file in court to establish paternity. IF she actually does so, and I mean that you are legally served with a petition, you'd need to deny paternity and request 2 things- first, some proof that the step father did NOT adopt and second- a DNA test. These will be ordered by the court as long as you request them.

DO NOT, under any circumstances give the woman any money, nor should you agree that you are the father. The responsiblity is hers, not yours at this point and you'll need to make that crystal clear to her- you will will not give her any money until she files in court and a court orders it.

[Bnet]

Gracie,

Thank you for the quick response. I'm on pins and needles here. I have an appointment with a lawyer next Tuesday so I want to go into that meeting educated on the process. If she does get a court order and I request DNA testing what happens to the adoption if the boy is mine? Can she restrict me from meeting him since I legally have no connection to him (due to the adoption) and still get money from me? I think supporting him is important but I would like to get to know him. Thank you

[>Charlotte<]

If there was a legal adoption, her husband is the father regardless of the child's DNA. If the child has not been adopted, she can't have it both ways. She would have the right to request court ordered support, but you also have the right to request court ordered visitation. But unless and until you are legally established as the father, she can restrict you from meeting him.

The primary issue right now is whether the child was legally adopted. Before an adoption can take place, Florida requires due dilligence in determining, locating, and notifying the biological father. Google "Florida Statutes" and read Title VI, Civil Practice and Procedure, Chapter 63 Adoption, which explains those requirements.

[Bnet]

Thank you clt747... I'm going to look at that information now. I appreciate your assistance.

[Blue Meanie]

Originally Posted by Clt747

If there was a legal adoption, her husband is the father regardless of the child's DNA. If the child has not been adopted, she can't have it both ways. She would have the right to request court ordered support, but you also have the right to request court ordered visitation. But unless and until you are legally established as the father, she can restrict you from meeting him.

The primary issue right now is whether the child was legally adopted. Before an adoption can take place, Florida requires due dilligence in determining, locating, and notifying the biological father. Google "Florida Statutes" and read Title VI, Civil Practice and Procedure, Chapter 63 Adoption, which explains those requirements.

Her hubby might have signed the AOP and BC when the child was born...Not a legal adoption, but more like a ....Jerry Springer Adoption for those women who don't want the REAL father involved or who can't be bothered to find out which of the 5 guys they were boffing that week is actually the father.

Adoption Trailer Park Style!!

[Bnet]

Thanks again to everyone for the excellent input, I really cannot express how much I appreciate the help. This reminds me of writing papers in college and the all night research marathons that go with it.

clt747... I read Chapter 63, of Title VI. From what I can tell the process of trying to Identify and Locate the biodad, could be more out there than me, must have been done to the satisfaction of a Judge somewhere. The mother "says" her husbands name is on the BC. That seems to leave me no options according to 63.182 "Statute of repose" unless I prove fraud under 95.031 and/or 95.11. I think it would take a lot more money than I have to fight that case. Please let me know what you think. And if anyone else can chime in please do so. I'm in research mode and need to be smart fast.

Baystategirl... I do not think that is the case. She has only been with this husband for 6+ years, based on how her story went.


Thank you

[Blue Meanie]

Originally Posted by Bnet

Thanks again to everyone for the excellent input, I really cannot express how much I appreciate the help. This reminds me of writing papers in college and the all night research marathons that go with it.

clt747... I read Chapter 63, of Title VI. From what I can tell the process of trying to Identify and Locate the biodad, could be more out there than me, must have been done to the satisfaction of a Judge somewhere. The mother "says" her husbands name is on the BC. That seems to leave me no options according to 63.182 "Statute of repose" unless I prove fraud under 95.031 and/or 95.11. I think it would take a lot more money than I have to fight that case. Please let me know what you think. And if anyone else can chime in please do so. I'm in research mode and need to be smart fast.

Baystategirl... I do not think that is the case. She has only been with this husband for 6+ years, based on how her story went.


Thank you

She still may not have done a legal adoption...We have had "fathers" post here that willingly signed a AOP and BC .....If there is no father of record, these guys sign the paper work and become "dad". Of course when they split with the mother they want to reverse their fraud...

[TinkerBelleLuvr]

The child was adopted by his step-father about 4 years ago.

What is this woman trying to do? Get a two-for-one support on ONE child. If the child was adopted by the step-father, you are DONE. There is no child now open for 'support' from this OP. It's the step-father/FATHER who is on the hook.

[Ozark_Sophist]

Cablebabee--------------------------------------------------------------------------------

What is the name of your state? Mine in Alabama his is Virginia
I am now 2 and half years into trying to receive child support for my son who is now 15 years old. I haven't needed the fathers help until 2 and a half years ago when I was raped by a fellow worker and lost my job due to stress. But not to get into that I have established paternity but father has an attorney and I do not due to financial reasons. He is attesting that our son was adopted. He has never been adopted but my ex husband who is not the father has helped take care of him but is no longer because he has been in prison for the last 7 years. His father has put off through the courts numerous times already. My fault last time because I took advice from Department of human resources case worker not to fill out the lawyers interrogatories that she would handle it because I had signed a Affidavit of Non-Disclosure. Well needless to say big mistakes held the courts up and had to fill them out for myself and send them to the lawyer, which cost me money to get information and send express mail, which I do not have because I can not get child support. I have contacted my state attorney general, representative and several others to get help but too no avail. I am afraid of this man because shortly after i filed my home mysteriously burnt down, and 2 weeks later my car caught on fire, coincidently of course, this man has treated other people in the past which I have proof of and is x navy seal so he told me and worked at Black water last known. I am so confused right now I don't even know what to do half the time. It affects my children because I am upset and wish someone could help. What should I expect? If he is stating that our son has been adopted wouldn't he have had to sign over his rights and if so why is the judge letting him use this as a way to prolong the inevitable. Why isn't it a law that he should have to pay temporarily until he can prove otherwise. My court date is December 13th this time which I can't attend because I live in Alabama and don't have the financial capability to get there. Please advise as soon as possible.

The other side of a similar coin [url]http://forum.freeadvice.com/showthread.php?t=385590[/url]

[Bnet]

Ozark_Sophist,

I just read the other post you gave a link to hoping to gleam some information. That is just the opposite from what I need to work out. It is a little scary to think that the chaos that has happened in my life as of recent is happening to others, but after reading this forum I guess my head has been burried in the sand.

[Blue Meanie]

Originally Posted by Bnet

Ozark_Sophist,

I just read the other post you gave a link to hoping to gleam some information. That is just the opposite from what I need to work out. It is a little scary to think that the chaos that has happened in my life as of recent is happening to others, but after reading this forum I guess my head has been burried in the sand.

Bnet...Your situation is nothing compared to some of the stuff we read on here...And that is just sad...