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My boyfriend had a daughter from a previous marriage that he has not seen in 4 years. When she was a toddler he discovered that she was not his child. Because of California law, he is still liable for child support and of course the mother denies the blood test. 2 years ago his ex-wife called and asked him to send a notarized letter releasing custody. He did and put in the letter that he was doing so under the assumption that the child support he was paying would be ended. We have not heard anything since and he continues to pay child support and medical. My question is this: How can we find out if the child was adopted by her step-father (which we suspect happened) and if she was adopted does this mean my boyfriend is no longer liable for child support? Any help you can provide would be very much appreciated. Thank you!
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Its painful to hear your situation, I am not a lawyer but i do feel deep in my heart that you man should not have to pay a dime anymore..I alsothought that the only way he would be liable still after paternity test to pay is if his name was on the birth cerificate. If this is true take some action to remove his name from the birth certificate. He loves her i think and it isvery hard but you have to do what you have to do. you can always have a consultation from a lawyer to see what you can do. Go to a court house and talk to them they can help you. Also do you have a copy of this notarized letter? If you do you have proof of this action that was taken place. Call a lawyer and get a free consultation, what do you have to lose? Good Luck;)
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Thank you for your reply. His name is on the birth certificate because they were married at the time, and he had no reason to doubt she was his daughter until they divorced. He did look into this 6 or 7 years ago and was basically told there was nothing he could do. Just to let others know, I did contact Santa Clara County yesterday and they told me that if a stepparent adoption did occur, that he is no longer liable for child support. However, because we believe the adoption (if it happened) happened in San Mateo County I wonder if Santa Clara county would ever know. Does anyone know how we can find out if an adoption occured? We will most likely call his ex-wife but not sure that we can trust her. Will the county release this information to the father? Thanks for all of your help!
Contact the DA in the county you pay your child support in. Not only should every penny have stopped the moment the adoption was filed.....you can get back anything you have paid since. The district atty. should help you. Illegally collecting child support is a crime. Good luck! Love, Debi
Deb is right; you could go through the DA's office; the typical wait time is usually a discouragement though. In our county right now there is at least a 1 1/2 to 2 year backlog on cases before they can even review your case. I would take another poster's advice consult a family law attorney quickly; I really don't know if you can recover money you've already paid because you have a court order to do so. Until you modify that, you are legally obligated to fulfill the letter of that court order and can be held in contempt even if the child is adopted by someone else. You can not change the order unless you do it legally. Consult a reputable attorney today!! Also, be wary of just any attorney. Try to get a referral from someone that you trust and get a contract in writing as to what he will do for you and what exactly his retainer will obligate him to do. Pin him down specifically--unfortunately, I am speaking from a bad experience here. Just be careful--they are not all out for justice to be served, unfortunately.
Best wishes to you, B
Okay, I think I can give you the info you need but you may not like it.
1. If they were married at the time of this childs birth and his name is on the certificate---that is his child, period. His ex does not have to agree to a paternity test. As far as the State of California is concerned that is his kid. And in many cases, even if he had a paternity test done and it proved conclusively that the child was biologically not his---it does not matter. He is what is known as a presumed father.
2. Giving up custody is not the same as giving up parental rights.
He may very well have given up custody but still has retained parental right and is still liable for child support. If it was parental rights he gave up the form he signed would have specifically stated he was in agreement to an adoption and it would have stated who was adopting the child.
3. Birth certificates are public record.
If the child was adopted, a new birth certificate would be issued with the new name and the adoptive parent. The former parent's name, in this case your boyfriend, that name will not be on the certificate.
4. You boyfriend would be held accountable for all support up until the date of the finalization of the adoption. So if he was in arrears he will have to pay until he is caught up.
5. If you find that an adoption occured you will have to go to court and petition that the child support order be vacated. If the adoption occured sometime ago you may be able to sue your ex for fraud since the child was no longer legally yours.
Hope this helps.
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I think Kallen covered it! I didn't even think of half that stuff, LOL. One thing......in my case it may be different because my kids were adults at the time of their adoption but; to get an amended birth certificate was offered as a choice. It wasn't automaticly issued. But again, these were adults. Love, Debi