Legal Question in Family Law in Illinois

Re: can you sue someone for gifts you gave them?

Gifts generally do not have to be returned. If you both thought that the baby was his, then it is mutual mistake, no one is at fault, and you get to keep the gifts.

The problem is how do you argue that you believed the child was his? At the risk of offending you, simple biology mandates that you know whether or not he is the only man that could be the father (unless you were unconscious when you had sex with the actual father).

Generally speaking, the court does not have a lot of sympathy for a woman who says she thought man A was the father, and let man A believe he was the father when she knows darn well she was sleeping with man B (or B, and C,and D and . . .). Basically you know it was possible that it was not his kid, since you must have been sleeping around with at least one other man during a VERY small time frame (when you were fertile).

Out of fairness, I would probably give the gifts back, and try to take the high ground. He probably will not sue you if you decide not to though.