Fraud?

[TinkerBelleLuvr]

I'm surprised she was able to leave the hospital with the baby. Generally, CPS takes custody immediately after birth in these circumstances. IF you friends wants to be a daddy, then he should file for custody.

 

[IndianaDixie]

Obviously, not smart.

He thought and believed her when she told him the baby was his, he was working as a truck driver over the road at that time and had no reason to think she was cheating on him (besides the fact that my boyfriend told him what kind of person she was).

So anyways I called CPS, I told them I was worried about possible child abuse, let them know what she did to my boyfriends daughter (her former stepdaughter) and what the charges were exactly, and all the information I had on her. I chose to remain anonomous (sp?) however, the lady told me there was a chance that the judge may order my named to be released, I didn't want to take a chance of causing any problems for the kids here again either... I told her I was a concerned citizen.. Was this wrong?

 

[LdiJ]

He thought and believed her when she told him the baby was his, he was working as a truck driver over the road at that time and had no reason to think she was cheating on him (besides the fact that my boyfriend told him what kind of person she was).

So anyways I called CPS, I told them I was worried about possible child abuse, let them know what she did to my boyfriends daughter (her former stepdaughter) and what the charges were exactly, and all the information I had on her. I chose to remain anonomous (sp?) however, the lady told me there was a chance that the judge may order my named to be released, I didn't want to take a chance of causing any problems for the kids here again either... I told her I was a concerned citizen.. Was this wrong?

No, that was fine.

 

[IndianaDixie]

I don't believe there is much else I can do. I wouldn't have gotten an update on how things were going, so I dunno. Should my friend call in? Since he's listed as the father I gave his name and address so they could contact him. I don't have the address of the person she claims is the father anymore.

I know I'm involved a bit deeply in something that doesn't really involve me, but if no one else is going to do it then why shouldn't I? She's not my daughter or whatever.. but she is the half sister of a little boy who calls me mom (i'm not really his mom, but he can't remember anything before me).

 

[Ohiogal]

He signed a paternity affidavit and everything that goes with it. He's on the birth certificate and everything, baby even has his last name.

And that was a voluntary move on his part and he waived a paternity test. He made the choice. He has to live with it.

 

[CJane]

And that was a voluntary move on his part and he waived a paternity test. He made the choice. He has to live with it.

Yes. BUT!!!!!

Heh.

Doesn't that make him legal daddy and unless bio-daddy shows up and files to DISESTABLISH paternity, then LEGAL daddy CAN (and SHOULD) file for custody of the child????

 

[IndianaDixie]

I don't know what he wants to do in this situation. He can get a paternity test done and prove he's not the father but legally until he does he's her father. I doubt bio daddy is gonna do anything unless mom says something to him, and I doubt she will he already has one of her kids. The lady is crazy anyways. I really don't know what my friend wants to do. When I speak to him again I'm going to advise him to contact CPS asap... that's about the jist of what I can do I believe.

 

[moburkes]

I don't know what he wants to do in this situation. He can get a paternity test done and prove he's not the father but legally until he does he's her father. I doubt bio daddy is gonna do anything unless mom says something to him, and I doubt she will he already has one of her kids. The lady is crazy anyways. I really don't know what my friend wants to do. When I speak to him again I'm going to advise him to contact CPS asap... that's about the jist of what I can do I believe.

A paternity test means nothing at this point. Nothing.

 

[Ohiogal]

Yes. BUT!!!!!

Heh.

Doesn't that make him legal daddy and unless bio-daddy shows up and files to DISESTABLISH paternity, then LEGAL daddy CAN (and SHOULD) file for custody of the child????

Yes he can.

 

[Ohiogal]

I don't know what he wants to do in this situation. He can get a paternity test done and prove he's not the father but legally until he does he's her father. I doubt bio daddy is gonna do anything unless mom says something to him, and I doubt she will he already has one of her kids. The lady is crazy anyways. I really don't know what my friend wants to do. When I speak to him again I'm going to advise him to contact CPS asap... that's about the jist of what I can do I believe.

He cannot prove that because a court will not order one just because he changed his mind. HE WAIVED THE RIGHT TO ONE WHEN HE SIGNED THE AOP!

 

[Bloopy]

And that was a voluntary move on his part and he waived a paternity test. He made the choice. He has to live with it.

The whole bit about suing for fraud seems to be cooked up by IndianaDixie, not the "father" in question.

Maybe I'm reading too much into this but I don't think the "father" wants to be out of the picture. Just that he's on the fence. Resigning to defeat.

I'd really have to think twice about fighting for custody of a child that wasn't my bio child. For me, it has nothing to do with not loving the child but knowing it would be a losing battle. Sure, he's the only father she has ever known but she's only 11 months old and is already away from him. So then "father" and child are up to be re-traumatized.

But, since he is the legal father already he has every right to go for custody... Is he likely to win?

I think knowing he has a better than good shot would be very motivating. Otherwise, he may not bother.

Can Heather have two daddies? This guy AND the bio Dad?

 

[IndianaDixie]

I never mentioned suing for fraud. I asked if it was fraud, nothing further than that. I wouldn't ask advice on suing someone over something like that, because we can't even get them to keep her away from our house (there is a protective order in place). That is completely besides the point. I have done my part calling cps and calling the house arrest place and let them know that she violated, that's all I can do. I've advised my friend to contact cps regarding the child and the bio father if he choses to do so. I thank you all for your help.

 

[Bloopy]

Sorry, I added suing myself.

My last post was about giving dad the benefit of doubt, not slamming you. As of yet he's not trying to get “out” of being her father, just on the fence.

You have done all you can and that little girl. The rest is up to the fathers and CPS.

 

[Ohiogal]

Sorry, I added suing myself.

My last post was about giving dad the benefit of doubt, not slamming you. As of yet he's not trying to get “out” of being her father, just on the fence.

You have done all you can and that little girl. The rest is up to the fathers and CPS.

Wrong. The rest is up to the father. The legal father. Meaning the one who signed the AOP and is therefore legal daddy and the only thing that changes that is if BIOdad challenges for paternity. Oh and yes CPS enters into it but dad (LEGAL FATHER) will be dragged into court for allowing mom to abuse/endanger/neglect the child.

 

[IndianaDixie]

Thanks again for your help. I appreciate it a lot. I don't know what dad will do. Legal dad is in MN.