What rights does a father have when the mother hasn't told him about the child for 3 years and now wants child support? 1 Answers as of July 01, 2011My fiance got a phone call out of the blue stating he may be the father of a 3 year old boy. The mother is receiving state benefits which where due to expire if she didn't attempt to locate the father. Now she is suing him for child support, legal fees, court costs, medical and dental coverage, and state reembrisment for the benefits paid by the state. How are her actions not illegal? What rights does he have? The case is in Louisiana and we are active duty military living in another state.
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Unfortunately she may sue for those things and prevail, regardless of the situation surrounding the birth of the child. The child support may be held not to be retroactive if he can show the court that he had no reason to know that he had a child. If he is the father he has a right to establish a relationship with the child and eventually joint custody or perhaps even primary custody of the child based on the mother's actions in hiding the child from the father for three years.
Answer Applies to: Louisiana