Can I Be Sued for Not Notifying My Ex-Fiance That My New Husband Adopted His Son?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I wanted to know if I can be sued for not notifying my ex-fiance that my new husband has adopted his son. When I got pregnant I left California and had the baby in New Jersey. After the baby was born, I called him and he paid for the airplane ticket back. He rented a house for us in a bad neighborhood while he bought some land and started building us a house. We were only together for 3 months. We had a couple of arguments about where we lived and other things, and then I threatened to leave and take his son to New York and he slapped me. We had other fights and I told him that I’m leaving and he will never see his son again and he hit me again. When he went to work I left him and when he found out that I was in a close-by city, he went to child support and claimed his son. He was paying child support, but I found someone new and let that guy adopt my son without telling my ex. I know he waited for ten years before getting married, and I didn’t let him see my son for 25 years. Now he says he is going to sue me. So can he sue me and my new husband? I’ve known where he was this whole time and where his parents live. There is no way he can sue me,  right? He seems serious. I had a list of the type of man I wanted,  but I got pregnant by him. I don’t think I did anything wrong.

First, I’m sorry to hear that your ex was abusive to you, and that is definitely an issue.

That said, child custody and adoption laws vary by state. However, in nearly all, if not all, states currently, where the biological father is known, you *cannot* have a child be adopted without the biological father’s parental rights first being terminated, either by a court finding that they are a serious danger to the child, or by their voluntarily giving up parental rights (which usually requires that someone else be prepared to assume those rights).

You not only knew who the biological father was, but you knew that he wanted to be involved. Not only that, but you deprived your son of knowing his real father.

So, yes, it’s entirely possible that he could sue you. Would he win? That will depend entirely on the actual facts of the case. You need to consult with a family law attorney in your state, and soon.