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We just found out my husband has a 15 year old

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sjh

Junior Member
What is the name of your state? We live in TN. About 6 mos ago we got served with a paternity suit for the child of my husband's ex-fiaince. Their relationship was ending when we met, and she at first claimed it was his child, then (we now think out of spite because he did not take her back as a result of the pregnancy) she told him it was not his child. He told her from the beginning he wanted a DNA test to prove it was his as she had also been "out" with someone else, but she said she would NOT take one. So, when she said it was not his, he believed her and thought she had just been trying to pin it on him. The last time she told him that was in about her 7th month. We went on and were married about 6 months later...never heard another word until June 06. He had the DNA test and he is ours. We immediately started paying his mother child support and for a lot of other things. The child has always been told his father walked away. The mother has been very greedy, even though the child wants to spend time with us and we have developed a good relationship, she tries to limit his time for more $.
But, he still is ambivalent toward his father and has been told so many lies. We have
a stable home and his mother is single with another child from another relationship. We have 2 other children who love him and he loves them. BUT...the mother is suing us for retro-child support for all those years! It is tricky, becuase she did initially tell him it was his, but then that it was not. His name is not on Birth Certificate, nor did she call when he was born, nothing.
I want to countersue(in a civil action) for SOMETHING. Possibly the permanent damage to their relationship?
Possibly slander or SOMETHING? I just want their to be some sort of accountability even if it goes no where,
she would at least be faced with all her lies and have to explain them.
It just makes me so mad that you can withhold child support and be put in JAIL, but if you withhold someone's child...no one can do anything to you. I think the facts will weigh out on the retroactive CS, but I want to fight to prove that we are telling the truth.
Does anyone know if there's any type action you can take against someone for willfully depriving you of a lifetime with your own child? It's almost like kidnapping if you think about it. (Too bad, that is criminal and not civil)
Yes I am angry. My husband is a good man. Any ideas?
 
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What is the name of your state? We live in TN. About 6 mos ago we got served with a paternity suit for the child of my husband's ex-fiaince. Their relationship was ending when we met, and she at first claimed it was his child, then (we now think out of spite because he did not take her back as a result of the pregnancy) she told him it was not his child. He told her from the beginning he wanted a DNA test to prove it was his as she had also been "out" with someone else, but she said she would NOT take one. So, when she said it was not his, he believed her and thought she had just been trying to pin it on him. The last time she told him that was in about her 7th month. We went on and were married about 6 months later...never heard another word until June 06. He had the DNA test and he is ours. We immediately started paying his mother child support and for a lot of other things. The child has always been told his father walked away. The mother has been very greedy, even though the child wants to spend time with us and we have developed a good relationship, she tries to limit his time for more $.
But, he still is ambivalent toward his father and has been told so many lies. We have
a stable home and his mother is single with another child from another relationship. We have 2 other children who love him and he loves them. BUT...the mother is suing us for retro-child support for all those years! It is tricky, becuase she did initially tell him it was his, but then that it was not. His name is not on Birth Certificate, nor did she call when he was born, nothing.
I want to countersue(in a civil action) for SOMETHING. Possibly the permanent damage to their relationship?
Possibly slander or SOMETHING? I just want their to be some sort of accountability even if it goes no where,
she would at least be faced with all her lies and have to explain them.
It just makes me so mad that you can withhold child support and be put in JAIL, but if you withhold someone's child...no one can do anything to you. I think the facts will weigh out on the retroactive CS, but I want to fight to prove that we are telling the truth.
Does anyone know if there's any type action you can take against someone for willfully depriving you of a lifetime with your own child? It's almost like kidnapping if you think about it. (Too bad, that is criminal and not civil)
Yes I am angry. My husband is a good man. Any ideas?
Unfortunately no, If your husband truly wanted to know if the child was his he could have taken her to court 15 years ago, and every day since...As far as her asking for retro support I would think she would have a hard time getting that done...Unless she was on state aid and then the state would probably seek payback from your husband.
 

sjh

Junior Member
He feels so bad about that; unfortunately he took her at her word. He always felt like she would have not missed the chance to make him pay if she had really thought it was his.
It is just really sad. Hind-sight..y'know...
Thanks
 

ceara19

Senior Member
He had the DNA test and he is ours.
Care to explain how you are biologically related to the child?

I want to countersue(in a civil action) for SOMETHING. Possibly the permanent damage to their relationship?
YOU were deprived of nothing.

Does anyone know if there's any type action you can take against someone for willfully depriving you of a lifetime with your own child?
Honestly, he deprived himself of a lifetime with his own child through his inaction. He knew there was a possibility that the child belonged to him and he did nothing for 15 years.

It's almost like kidnapping if you think about it. (Too bad, that is criminal and not civil)
No, it's NOTHING like kidnapping. Again, he KNEW that there was a good possibility that the child was his and did nothing. While I don't feel that mom should be allowed to collect retro child support because of HER inaction over the years, her failure to encourage a relationship between father and son is NOTHING like your claim that she intentionally deprived the father and son of a relationship.

Action speaks louder then words. Mom may have filled the child's head with lies, like his father walked away. However, the fact that his father NEVER took any action for 15 years supports mom's side of the story.
 

nextwife

Senior Member
What about the fact that he was never informed there was a live birth?

AS a woman who HAS had a micarriage, I can tell you that being pregnant does NOT necessarilly always mean a child gets BORN. Every pregnancy does NOT resuyt in a child- just ask all my friends in the adoption community.

If he was never advised there was a CHILD, only that she had become pregnant, I wonder if he may have an affirmative defense regarding retro CS to mom. He can't KNOW that she gave birth unless he is notified, nor can he request a DNA test for a child he doesn't know exists.
 

fairisfair

Senior Member
I would be willing to bet that there is a totally different side to this story. And then, probably the truth as well.

How convenient it would be if parents could just run off and stick their heads in the sand for 15 years and then claim "well I didn't know there was a baby" I didn't SEE a baby.

Personally, I find pregnancy as a pretty good indicator that there may be an upcoming birth.
 

moburkes

Senior Member
He is just as much at fault as she is, for the reasons stated above. When you have sex with someone, they may get pregnant. Guys need to be held accountable for the sex. Hell, he could have looked her up 7 months later so see what she looked like. Then he would know that she was, indeed, pregnant, and he would have known that he needed to do something about it.

I didn't even know that they DID DNA tests 15 years ago.

If he does not have a court order to pay child support, then he shouldn't give mom a DIME. He should put that money in the bank for when the court DOES request it, otherwise it doesn't count as "child support", in many states. If he wants to begin a relationship, then he needs to go to family services, and ask for help on visitation. They can also help get an order.
 

ceara19

Senior Member
What about the fact that he was never informed there was a live birth?

AS a woman who HAS had a micarriage, I can tell you that being pregnant does NOT necessarilly always mean a child gets BORN. Every pregnancy does NOT resuyt in a child- just ask all my friends in the adoption community.

If he was never advised there was a CHILD, only that she had become pregnant, I wonder if he may have an affirmative defense regarding retro CS to mom. He can't KNOW that she gave birth unless he is notified, nor can he request a DNA test for a child he doesn't know exists.
Proof that a child was actually BORN is not necessary. A mother does not have to prove that she had sex with the presumed father before she petitions. He knew she was pregnant and could have petitioned the court to order a DNA paternity test for the minor child of Ms. Ex Girlfriend. He is not required to prove that the child really does exist before filing the petition. Proving the child exists BEFORE petitioning the court would be impossible for a PRESUMED father. Whether or not they ever actually SAW the child in question is irrelevant as the presumed father would not have access to any of the documentation that would prove the child exists without a court order.

I don't feel that he should be responsible for retroactive support, however, the OP is out of line in trying to place ALL of the blame on mom for dad missing out on the first 15 years of the child's life. DAD is just as liable for that as mom is.
 

ceara19

Senior Member
I didn't even know that they DID DNA tests 15 years ago.
If this was before the courts started using DNA as a standard, blood typing would have been available. While blood typing isn't as accurate at PROVING paternity (unless dad & child share a rare sub-type), it is very accurate in DISproving paternity. Before DNA, this type of testing was widely accepted in court.
 
J

joshluvscarrie

Guest
you are not child's parent

He had the DNA test and he is ours. ?
WRONG! he is your husbands child with his ex. and you can forget about suing mom, you have no standing to sue her for a damm thing. you are a legal stranger to this child, and have NO say in this matter. period.
 
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moburkes

Senior Member
WRONG! the child is not "ours", the child is your husband's with his ex. YOU had NO part in impregnanting mom whatsoever. and your idea of suing mom is ridiculous, YOU have no standing to sue mom for ANYTHING. you are only the stepparent to this child, not the parent.
And, you added WHAT to the conversation that hadn't been stated already?:confused:
 
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