2. FIND OUT WHO IS MOST LIKELY THE BIOLOGICAL FATHER
This is important because you will sue him for:
(a) a finding that he is the father;
(b) that he pay back child support;
(c) that he provide medical insurance
(d) that he reimburse you for necessities
3. FIND OUT IF YOUR WIFE TOLD ANYBODY DURING HER PREGNANCY OR AFTER BUT BEFORE YOUR DIVORCE
THAT YOU WERE NOT THE FATHER.
In order to sue for fraud you must allege and prove the following:
(a) she made a statement which
(b) she knew was false
(c) upon which you relied to your detriment.
Her defense may be that it was just a mistake If you can prove that she knew you weren’t the
father before the divorce you have evidence of fraud. In one case the wife had told a friend: "If my husband ever
knew who the real father was, he’d kill me." That was enough to show that she knew her statement was false. She
didn’t have to identify at that time who the real father was - only that you weren’t the real father.
EDUCATE YOUR SELF and YOUR LAWYER
Research the following:
DID the court have jurisdiction of a child who was not the issue of the
marriage? Issues of jurisdiction can be raised at any time. Black letter law was that a court could not
award custody of a child of the marriage to a step-parent as part of a divorce action. Consequently you should be
prepared with a legal brief showing that the court had no jurisdiction over the child and therefore could award
neither custody or make an order of support.
DID the court have jurisdiction to terminate the biological parent’s rights without giving him
This is the flip side of the first point. Some adoptions have been overturned because the father
did not consent. Those cases sometimes involved fathers who did not know they had a child.
DOES the court have jurisdiction to identify the biological father and order him to pay
Generally one can bring a paternity action at any time during the child’s majority. Generally one
can obtain past child support for a number of years, such as two or three.
DOES your jurisdiction have a Statute for Necessities?
The statute provides that any person, or institution who has provided necessities to a child may
sue both parents for reimbursement. This is often used by hospitals, doctors and dentists, but can be
used by drug stores, food stores (for food) and, probably by you if you have furnished necessities. However this
statute would probably have a three or six year statute of limitation.
In Connecticut there was a case in which the divorce court said that father will be responsible
for all medical bills. The child went into the Elmcrest Psychiatric Hospital who sued both the mother and the
father. The mother claimed no duty because the divorce court had made the father responsible for future bills. The
court said too bad. Both are liable notwithstanding the orders of the court.
DOES your state permit jury trials on fraud cases, contract cases, and if so,
does it permit double damage or punitive damages or attorney’s fees in fraud cases?