Full question:
I discovered that I had a 12 year old daughter that I was unaware of until she was taken from her mother by protective services. The mother then claimed me as father. I requested DNA testing which confirmed my parentage. I fought for custody for over a year and the court made it nearly impossible for me to establish a relationship despite my attempts. This ran me almost to bankruptcy and caused me problems at work due to the amount of time missed to fulfill court orders. I was basically forced to agree to allow her adoption and even paid for and provided an attorney to a woman who agreed to adopt in the courtroom. She has since kept my money, refused to adopt and has now applied for and been granted child support in the amount of $481 monthly after not following through with the court approved adoption agreement. What recourse do I have?
- Category: Adoption
- Date:
- State: Ohio
Answer:
A court can modify child support if both parties agree or if there’s a significant change in circumstances. A significant change may include the failure to complete an adoption. The court’s decision will focus on the child's best interests. Generally, a person caring for a child may still be entitled to support, even without formal adoption status, because the support obligation is to the child, not just the caregiver.
While you cannot force someone to adopt against their will, you may have legal avenues to recover your expenses related to the adoption. If your agreement was contingent on the adoption, you might pursue a breach of contract claim. Additionally, if the woman acted with intent to deceive, you could potentially file for unjust enrichment or fraud. The court will consider the specific circumstances of your case.
The doctrine of unjust enrichment means that someone should not benefit at another's expense without compensating them. If you mistakenly paid money based on the belief that a valid contract existed, you may be able to recover that money if the contract is canceled due to fraud or mistake.
You may also explore the possibility of a constructive trust, which is imposed by law to prevent unjust enrichment. This remedy can apply even if the person holding the property did not act wrongfully. If you believe you have been unjustly enriched, you may seek restitution.
It is advisable to consult a local attorney who can review your case and provide guidance based on the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.