Can I Be Sued for Not Notifying My Ex-Fiance that My New Husband Has 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 my baby was born, I called him and he rented a house for us in a bad neighborhood while he bought some land and started building a house. We were only together 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 with me. He has slapped me and we have had other fights as well. I told him I’m leaving and he will never see his son again. I left him and he found out I as in a close by city. I found someone new and let him adopt my son without telling my son’s father. He now says he is going to sue me. Can he sue me and my new husband?

He will be able to sue you if there is an applicable state statute that permits him to have standing to sue you for not seeking his permission in the adoption of your son. If there is no such statute, then he will not have standing to bring a civil suit against you and your new husband.

If he serves you with court papers, then you should seek the counsel of a local attorney to contest the matter for a lack of standing if applicable. A local attorney will be able to guide you further guidance regarding the matter.