EX stop adoption?

[CMSC]

No multimom, he can't sue her for the support he paid. He admitted to being the father when he knew he wasn't. No judge is going to allow him to collect that money because he was in on the paternity fraud.

 

[Multimom]

Maybe, maybe not. The Fraud wasn't that he agreed to sign on as the parent, the fraud occured when she declared him as parent in a support order.

Legally he could take her to small claims and sue her for illegally collected support especially if it was paid on a wage order and he had no way to refuse.

I agree this probably wouldn't fly in family court, but it might be winable in a civil court.

To me it would be worth the $45 filing fee to find out. He could get an order for her to repay every nickle of support he's paid over the last 8 years.

The kicker comes where he is named as a parent in a legally binding document (the support) legally she couldn't petition for an step-parent adoption without him signing a waver of parental rights.

His rights would have to be terminated which would reguire a guardian adlitem for the child at the mom's expense and then she would have to prove that termination would be in the best interest of the child which in his case doesn't look easy to do.

 

[VeronicaGia]

John, I need the name of the case I gave you regarding MI social security fraud. Dummy me, I lost it. If you have the whole case and can send it via e-mail, please do so. If not, just the name of the case or a link will do.

[email protected]

 

[John Galt]

Mrs. Gia,

I have that case in my binder at home. Keep checking here and it will be here by Monday 1-6-03.

j g

Multimom,

Your ideas are interesting and will keep them for future reference. I would not want to jeopardize my visitation or my seeing my daughter, and yes she would do this. She tried to do this to the oldest daughter's bio grandmother and she fought and won after months of court to see her granddaughter. She has also done this to me by using any body to watch the kids except me.

j g

 

[Multimom]

JG:

I never went to law school, but I have an infinate facination for the law. I hope when the youngest of my 7 who will be 2 on the 16th is in school that I will go back to school and get a Masters in Criminal Justice and proceed with my law degree.

Most of the info I have regarding step-parent adoption I have from personal experience, as my husband adopted my first child which really wasn't that difficult but it did require a lot of stuff that I felt could have been avoided.

BTW what looney toon decided that Guardian Ad Litems should be paid for my the petitioner? We have enough financial trouble without having to fork over another $1500 for a marginal attorney to represent my child based on two 20 minute conversations with him. But that's another story.

 

[CMSC]

Maybe, maybe not. The Fraud wasn't that he agreed to sign on as the parent, the fraud occured when she declared him as parent in a support order.

Legally he could take her to small claims and sue her for illegally collected support especially if it was paid on a wage order and he had no way to refuse.

I agree this probably wouldn't fly in family court, but it might be winable in a civil court.

To me it would be worth the $45 filing fee to find out. He could get an order for her to repay every nickle of support he's paid over the last 8 years.

The kicker comes where he is named as a parent in a legally binding document (the support) legally she couldn't petition for an step-parent adoption without him signing a waver of parental rights.

His rights would have to be terminated which would reguire a guardian adlitem for the child at the mom's expense and then she would have to prove that termination would be in the best interest of the child which in his case doesn't look easy to do.

Multimom, yes fraud did occur when he signed an acknowledgment of paternity (if he did)...obviously it was fraud because the clerks office told him he couldn't do it that way. Okay, maybe not considered fraud since it wasn't accomplished BUT he attempted to commit fraud.


John, I wouldn't take this route at all. You would have to lie through your teeth to get any sort of settlement and isn't that what you are upset about the mom for? Lie's??

 

[John Galt]

Hi

I never intended sueing her. My thread was created to make sure that my child is my child even though I have not adopted, but have created a relationship of ten years with her. The issue of sueing came about through this symposium of ideas from us, the conversationalists. Money is the last thing I need from her. If I needed her for my or the children's survival then I would have something wrong with me. I speak of myself and not of those who collect. Please do not view me as one who wishes to sue. If you re-read the thread it was not my intention nor my suggestion to go down a monetary course. Somewhere in the thread we got off course of the original situation.

I fully appreciate your experience and will keep you in mind when a question concerning this subject occurs.

I just want to protect my daughter by making sure her stability is not rocked.

j g

 

[CMSC]

John, I didn't say anything about you suing, just saying that it is a bad idea and you don't sound like the type of person who would do it anyway.

 

[John Galt]

I meant no offense in my reply. These were great replys to the thread. Now as I put the pieces in place, I have a better understanding of what could occur with certain choices.

I print out these threads for future use, and did you see how many people have read us!

j g

 

[VeronicaGia]

John Galt - were you able to dig that case up for me yet?

Thanks!

 

[John Galt]

Yes

As soon as I get home.

j g

 

[John Galt]

Mrs. Gia

http://caselaw.lpfindlaw.com/scripts/getcase.pl?
navby=search&case=/data2/circs/10th/974152.html

This should be the site.

It's been hectic.

The original thread is "IAAL challenge".

j g

 

[VeronicaGia]

Thanks!

I won't lose it this time. It took me too long to find it in the first place