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  1. #1
    loserforever is offline Junior Member
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    Can a child sue their father for paternity and back child support??

    What is the name of your state? Colorado

    I have a difficult situation.. my son is 20 years old.. his father lives in colorado and we live in nebraska

    I have checked colorado statutes pertaining paternity suits and it states the child can sue the father for paternity before he reaches the age of 21..

    Can my son sue his father for paternity and back child support even though he lives here in nebraska but his father lives in colorado..

    His father didnt acknowledge my son until he was 5 years old and didnt pay any child support from the time he was born until he reached 5 years old.. he had to legally adopt his own biological son because I was married to another man at the time of his birth thus making that man his legal father..

    My exhusband had to relinquish parental rights so his real biological father could adopt him..

    Can my son sue for paternity and back child support because his father refused to pay any child support or refused to acknowledge him.. does it matter that his biological father adopted him at the age of 5??

    Does my son have the right to sue for paternity and back child support even though my son is grown??

    any information would be appreciated
  2. #2
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by loserforever
    What is the name of your state? Colorado

    I have a difficult situation.. my son is 20 years old.. his father lives in colorado and we live in nebraska

    I have checked colorado statutes pertaining paternity suits and it states the child can sue the father for paternity before he reaches the age of 21..

    Can my son sue his father for paternity and back child support even though he lives here in nebraska but his father lives in colorado..

    His father didnt acknowledge my son until he was 5 years old and didnt pay any child support from the time he was born until he reached 5 years old.. he had to legally adopt his own biological son because I was married to another man at the time of his birth thus making that man his legal father..

    My exhusband had to relinquish parental rights so his real biological father could adopt him..

    Can my son sue for paternity and back child support because his father refused to pay any child support or refused to acknowledge him.. does it matter that his biological father adopted him at the age of 5??

    Does my son have the right to sue for paternity and back child support even though my son is grown??

    any information would be appreciated
    The adoption superceeds paternity so that issue is moot.
    He cannot sue for back child support as a child and also for the time when he was legally the child of your ex husband.

    As the parent you are/were the only one person who could sue for child support, the state can sue if state aid was involved.

    There is an option, CO is one of the states that allows post secondary child support for college.
  3. #3
    ceara19 is offline Senior Member
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    Quote Originally Posted by loserforever
    What is the name of your state? Colorado

    I have a difficult situation.. my son is 20 years old.. his father lives in colorado and we live in nebraska

    I have checked colorado statutes pertaining paternity suits and it states the child can sue the father for paternity before he reaches the age of 21..
    The CHILD cannot sue for support.

    Can my son sue his father for paternity and back child support even though he lives here in nebraska but his father lives in colorado..
    Again, the CHILD cannot do this.

    His father didnt acknowledge my son until he was 5 years old and didnt pay any child support from the time he was born until he reached 5 years old.. he had to legally adopt his own biological son because I was married to another man at the time of his birth thus making that man his legal father..
    Is the person your son wants to sue the adoptive parent or the biolgical parent?

    My exhusband had to relinquish parental rights so his real biological father could adopt him..
    This would be YOUR fault for having the child while you were married to another man.

    Can my son sue for paternity and back child support because his father refused to pay any child support or refused to acknowledge him.. does it matter that his biological father adopted him at the age of 5??
    Like rmet explained, the adoption overrides any previous paternity.

    Does my son have the right to sue for paternity and back child support even though my son is grown??
    NO

    any information would be appreciated
    I'm still not sure WHO it is your son is wanting to try and sue for paternity and support. You've said that your exhusband was declared the ORIGINAL father due to the fact that you were married to him at the time of the child's birth, therefore establishing your EX as the legal father. But then, when the child was 5, the ex disestablished paternity and the biological dad adopted him, therefore establishing HIS paternity of the child. In any case, paternity has already BEEN established. The man that legally adopted him is his legal father, but your SON cannot sue him for support.
  4. #4
    nicetryadmin Guest
    Quote Originally Posted by loserforever
    What is the name of your state? Colorado

    I have a difficult situation.. my son is 20 years old.. his father lives in colorado and we live in nebraska

    I have checked colorado statutes pertaining paternity suits and it states the child can sue the father for paternity before he reaches the age of 21..

    Can my son sue his father for paternity and back child support even though he lives here in nebraska but his father lives in colorado..

    His father didnt acknowledge my son until he was 5 years old and didnt pay any child support from the time he was born until he reached 5 years old.. he had to legally adopt his own biological son because I was married to another man at the time of his birth thus making that man his legal father..

    My exhusband had to relinquish parental rights so his real biological father could adopt him..

    Can my son sue for paternity and back child support because his father refused to pay any child support or refused to acknowledge him.. does it matter that his biological father adopted him at the age of 5??

    Does my son have the right to sue for paternity and back child support even though my son is grown??

    any information would be appreciated
    God!!
    Will you freaking newbies PLEASE DO A FREAKING SEARCH before asking the same question that is posed on here at NUMEROUS TIMES PER WEEK!!???!!
  5. #5
    nextwife is offline Senior Member
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    Did ex husband support your child the first five years? Did he KNOW the child was not his? And if he supported the child, either while together or after split, don't you think you owe HIM reimbursement for taking CS from him for a child you created by having sex with another guy while still married?
  6. #6
    ceara19 is offline Senior Member
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    Quote Originally Posted by nextwife
    Did ex husband support your child the first five years? Did he KNOW the child was not his? And if he supported the child, either while together or after split, don't you think you owe HIM reimbursement for taking CS from him for a child you created by having sex with another guy while still married?
    I have another suggestion. Maybe the son should sue MOM for all of the problems SHE cause by having a child with one man while married to another man.
  7. #7
    MrsK is offline Senior Member
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    Quote Originally Posted by ceara19
    I have another suggestion. Maybe the son should sue MOM for all of the problems SHE cause by having a child with one man while married to another man.
    I like this idea!! BTW I think OP's screename explains it ALL.
  8. #8
    fairisfair is offline Senior Member
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    Quote Originally Posted by nicetryadmin
    God!!
    Will you freaking newbies PLEASE DO A FREAKING SEARCH before asking the same question that is posed on here at NUMEROUS TIMES PER WEEK!!???!!
    Laws are changing, what USED to be an absolute NO answer is no longer. More and more states are allowing children, even adult children to sue for paternity and/or child support, New Jersey even recently had an overturning or their parentage act, that now allows suits to be filed 15 years after the child reached a majority age (this was brought about by a totally different situation, but precedence remains none the less). New Mexico also allows and has had successful adult child vs. parent lawsuits, many states have a 2 or 3 year limitation, some only allow suits by CP. Laws change.
  9. #9
    stealth2 is offline Senior Member
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    Did you read the original post, fair? Did you understand it? This woman was married when she had the child. As a result, her husband was considered the legal father. When the child was 5, the legal father TPRd and the biofather adopted the child - and paid support from that point forth. What OP wants to know is if the kid can go after bioDad for support for those first 5 years. The answer is no.
  10. #10
    Silverplum is offline Senior Member
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    Quote Originally Posted by fairisfair
    Laws are changing, what USED to be an absolute NO answer is no longer. More and more states are allowing children, even adult children to sue for paternity and/or child support, New Jersey even recently had an overturning or their parentage act, that now allows suits to be filed 15 years after the child reached a majority age (this was brought about by a totally different situation, but precedence remains none the less). New Mexico also allows and has had successful adult child vs. parent lawsuits, many states have a 2 or 3 year limitation, some only allow suits by CP. Laws change.
    Blahblahblah. What about CO or NE, the only two states that could matter, given the incomplete info from OP? And what about cites, so others can check it out and learn?
  11. #11
    Silverplum is offline Senior Member
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    Quote Originally Posted by stealth2
    Did you read the original post, fair? Did you understand it? This woman was married when she had the child. As a result, her husband was considered the legal father. When the child was 5, the legal father TPRd and the biofather adopted the child - and paid support from that point forth. What OP wants to know is if the kid can go after bioDad for support for those first 5 years. The answer is no.
    Entirely true and to the point. Which really makes my post kind of moot except for edification, if fairisfair answers.
  12. #12
    ceara19 is offline Senior Member
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    I wonder why the OP is asking if her SON can sue, but is not interested in knowing what HER rights as the mother are where CS is concerned?
  13. #13
    fairisfair is offline Senior Member
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    Quote Originally Posted by Silverplum
    Blahblahblah. What about CO or NE, the only two states that could matter, given the incomplete info from OP? And what about cites, so others can check it out and learn?
    What about asking in a polite manner so that you might be replied to?
  14. #14
    stealth2 is offline Senior Member
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    Quote Originally Posted by fairisfair
    What about asking in a polite manner so that you might be replied to?
    Did you read the original post, fair? Did you understand it? See my above post for the rest.
  15. #15
    fairisfair is offline Senior Member
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    Quote Originally Posted by stealth2
    Did you read the original post, fair? Did you understand it? This woman was married when she had the child. As a result, her husband was considered the legal father. When the child was 5, the legal father TPRd and the biofather adopted the child - and paid support from that point forth. What OP wants to know is if the kid can go after bioDad for support for those first 5 years. The answer is no.
    Yes, I read it, but understood it differently, it seemed to me that she was asking if she could get back child support, and DID IT MATTER that the biological dad adopted him when he was 5 years old. I DON'T see where she says that he paid support from that time forward, I do see where the man she was married to paid support for the first 5 years. In fact she says, can her son sue because his father did not pay support. What posting did you read?

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