Legal Question in Family Law in Illinois
My husband is not the biological parent of his daughter
My husband married his first wife 23 years ago because she told him she was pregnant with his child; they divorced after approximately 2 years. We recently found out she lied from day one and always knew he was not father of her child. Now the daughter is grown. Do we have any recourse against the mother? We have paid well over $100,000 in child support over the years. Has she committed a criminal act of fraud by deceiving my husband all these years? Would it be worth our while to talk to the district attorney over this to bring charges? She has no financial assets to speak of. We live in California, the mother and daughter live in Illinois.
2 Answers from Attorneys
Re: My husband is not the biological parent of his daughter
Assuming that you have a cause of action against her and you are successful in court, what do you accomplish? As I see it you would 1. get a piece of paper that says she owes you a specified sum of money. Which may look good on the wall, but has no value as she has no assets.
2 You would get a sizable bill for attorney fees for obtaining the judgement.
3. And most important what would this do to the daughter. For 18 years she thought she had a father, but that money is more important than their relationship. If dad had a relationship with the daughter, what will such a law suit do to her. He may not be the biological father, but he certainly fulfilled the position of father.
Re: My husband is not the biological parent of his daughter
Should a suit be successful, you have very little. While not the biological father, if he had continuing communications with her, he is her father. This may only make things bad for her and for your husband. 800-685-6950
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
