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Something strange for me Illinois

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  • Something strange for me Illinois

    Hallo everyone!
    I need your opinion before going to lawyer.I am interested in what will happen in my case.Let me introduce my problem.I had lived with my ex-wife for 5 years before our divorce/ in June this year/.When we married she had one year old son.I am not his biological father,I am not his adoptive father,too.In our divorce judgement there is written that we have not any children as a result of our marriage.The father’ place in the boy’s birth certificate is empty.Now I have a new marriage and my wife is pregnant.To my great surprise my ex-wife has a plan to sue me for child support…for next 12 or more years,because “I acted as his father and I have voluntary in the last 5 years provided support,and this is the reason support to be continued.She said something about that my behavior/financial and moral support/also our relations are enough to ask the court for “Occuring of equitable adoption and continuing of support by me.”.There was also something about Loco parentis/I have no an idea what does it mean/and she will ask the court to declare adoption in the best interest of the boy.
    Any ideas what will be able to happen?I have never promissed to be his father,to continue support and I have never said that I am his father.
    Thank you
    Last edited by Steven1; 10-01-2006, 11:26 AM. Reason: grammar mistake

  • #2
    Originally posted by Steven1 View Post
    Hallo everyone!
    I need your opinion before going to lawyer.I am interested in what will happen in my case.Let me introduce my problem.I had lived with my ex-wife for 5 years before our divorce/ in June this year/.When we married she had one year old son.I am not his biological father,I am not his adoptive father,too.In our divorce judgement there is written that we have not any children as a result of our marriage.The father’ place in the boy’s birth certificate is empty.Now I have a new marriage and my wife is pregnant.To my great surprise my ex-wife has a plan to sue me for child support…for next 12 or more years,because “I acted as his father and I have voluntary in the last 5 years provided support,and this is the reason support to be continued.She said something about that my behavior/financial and moral support/also our relations are enough to ask the court for “Occuring of equitable adoption and continuing of support by me.”.There was also something about Loco parentis/I have no an idea what does it mean/and she will ask the court to declare adoption in the best interest of the boy.
    Any ideas what will be able to happen?I have never promissed to be his father,to continue support and I have never said that I am his father.
    Thank you
    Have you paid her ANY support for the child (not by court order) since your seperation/divorce?

    IF you have willingly paid anything without a court order OR you have exercised visitation of the child she MIGHT have a case.

    However, IF you have never paid anything after your seperation/divorce and you have not been a part of the child's life after seperation/divorce, it's really doubtful that she would have a case.

    A non legal, non biological father is hardly ever ordered to pay CS unless the situation is extremely unusual- such as the father had planned to adopt but didn't, the father acted as father for years (more yrs than 5), etc. And, I may be wrong, but I've never heard of any case where the step-father was FORCED by the court to adopt.

    Has she actually FILED for CS, or is it just a "threat"?
    If she hasn't filed, you should probably just wait to see if she actually files.
    If she has filed already speak to an attorney and be sure to tell the attorney that she made no mention of wanting CS at the time of the divorce, which creates a situation of possible "waiver" or "laches".

    Comment


    • #3
      Originally posted by xena View Post
      Have you paid her ANY support for the child (not by court order) since your seperation/divorce?

      IF you have willingly paid anything without a court order OR you have exercised visitation of the child she MIGHT have a case.

      However, IF you have never paid anything after your seperation/divorce and you have not been a part of the child's life after seperation/divorce, it's really doubtful that she would have a case.

      A non legal, non biological father is hardly ever ordered to pay CS unless the situation is extremely unusual- such as the father had planned to adopt but didn't, the father acted as father for years (more yrs than 5), etc. And, I may be wrong, but I've never heard of any case where the step-father was FORCED by the court to adopt.

      Has she actually FILED for CS, or is it just a "threat"?
      If she hasn't filed, you should probably just wait to see if she actually files.
      If she has filed already speak to an attorney and be sure to tell the attorney that she made no mention of wanting CS at the time of the divorce, which creates a situation of possible "waiver" or "laches".
      It is true that I paid a sum once for the first school day after separation but it was only an act of sympathy...A friend of mine said that she is preparing to file for child support.

      Comment


      • #4
        Originally posted by Steven1 View Post
        It is true that I paid a sum once for the first school day after separation but it was only an act of sympathy...A friend of mine said that she is preparing to file for child support.
        A one time assistance isn't going to be enough for her to be able to establish that you acted as father after seperation/divorce. All in all I doubt that she'll get anywhere with her plan, but since she hasn't actually filed yet, just wait to see what she does.

        Wouldn't it be nice to be a fly on the wall of the attorney's office when he tells her that he won't take her case because she doesn't have a chance of a snowball in you know where of winning.

        Comment


        • #5
          Re

          Some bad news for me:
          http://family-law.freeadvice.com/ado...n_estoppel.htm
          http://www.lectlaw.com/files/fam20.htm
          EQUITABLE ADOPTION

          In some states, when a close relationship like that of parent and child
          exists between a child and an unrelated adult, the courts recognize that
          an equitable adoption has occurred. Often, the adult had agreed or
          intended to adopt the child but had not validly done so. The effect of
          calling the relationship an equitable adoption is that the adult must
          support the child and may be ordered to pay child support if the adult
          and child no longer live together (as would be the case if the adult and
          the child's legal parent split up).

          .
          BEST INTERESTS OF THE CHILD

          Regardless of type, adoptions can be granted (or in the case of an
          equitable adoption, recognized) only by a court and are allowed only
          when the court declares the adoption to be in the best interests of the
          child.

          Comment


          • #6
            Originally posted by Steven1 View Post
            Some bad news for me:
            http://family-law.freeadvice.com/ado...n_estoppel.htm
            http://www.lectlaw.com/files/fam20.htm
            EQUITABLE ADOPTION

            In some states, when a close relationship like that of parent and child
            exists between a child and an unrelated adult, the courts recognize that
            an equitable adoption has occurred. Often, the adult had agreed or
            intended to adopt the child but had not validly done so. The effect of
            calling the relationship an equitable adoption is that the adult must
            support the child and may be ordered to pay child support if the adult
            and child no longer live together (as would be the case if the adult and
            the child's legal parent split up).

            .
            BEST INTERESTS OF THE CHILD

            Regardless of type, adoptions can be granted (or in the case of an
            equitable adoption, recognized) only by a court and are allowed only
            when the court declares the adoption to be in the best interests of the
            child.
            You really do need to have an attorney. Although it doesn't sound like your case would fit the requirements for equitable adoption, stranger things have happened.

            I just realized though that you didn't mention where the child's bio father is. Even though he isn't on the BC, have there ever been any court orders establishing the bio father as the legal father?

            Comment


            • #7
              re

              Thank you very much,Xena!!! I will go to an attorney as soon as it is possible...Answer is NO-there is no neither bio-nor legal father.For all I know the boy is resulted as"one night sleep with a stranger".No one knows who and where he is.

              Comment


              • #8
                I hope this isn't the case

                there was just an article in my local paper having to do with cs and custody. It talked about douped fathers etc. It also talked about acting father's and this is what it said
                "Courts have ruled that if a man acts as the child's father, he can be held financially responsible for the child." The family law attorney went further to state; "It's really the (women) who had the relationship, and it's not fair to fraudulently hold a man responsible for this obligation, you have to balance that against the emotional needs of a child."
                Not an expert just stating what I know from experience and or moral standings

                Comment


                • #9
                  Re

                  Everithing is OK!

                  Comment


                  • #10
                    Originally posted by Steven1 View Post
                    Everithing is OK!
                    I'm glad to hear that.

                    Has a court ruled that you are not the legal father?

                    If nothing has been in court yet and ex just dropped the case, make sure to keep all of your documentation in case she ever refiles.

                    Comment


                    • #11
                      The court returns a negative answer.

                      Comment


                      • #12
                        Originally posted by Steven1 View Post
                        The court returns a negative answer.
                        Huh???
                        Not an expert just stating what I know from experience and or moral standings

                        Comment


                        • #13
                          Originally posted by Steven1 View Post
                          The court returns a negative answer.
                          I'm sorry, but that's not real clear. Does that mean that the court determined that you are NOT the bio father? Or does it mean that the court refused to make a determination at all? Just curious, but it sounds like whatever it means it's a good outcome for you.

                          Comment

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