Legal Question in Family Law in New York
Can I sue my father's Mistress or my Father?
My father has had an affair with a
woman for approximately 10 years.
He has a child with her, and
according to sources and evidence,
she has used blackmail and extortion
to get him to adopt other children
that are not his own, in return for
her continued granting of visitation
to the child he has with her. I
believe this is illegal, ( and stupid on
my father's part.) There is evidence
that she is using extortion and
blackmail to gain money from my
father, and there is evidence she
plans to sue him for child support in
the near future, which he has
technically already paid, though i do
not know if his financial statements
prove it if he has been hiding the
infidelity. He has not filed suit against
her. My mother has not yet filed for
divorce. There is AMPLE evidence
that she knew my parents were
married and had two children when
the affair began purposefully used
the birth of a child to trap my father.
On the other hand my father is
essentially leading a double life.
Can I sue her for damages, financial,
and emotional ( alienation etc?) Can
I sue my father at all? or must all
suits come from my mother or
father?
1 Answer from Attorneys
Re: Can I sue my father's Mistress or my Father?
On what basis do you want to sue her? She did not directly hurt you, just your parents. Although by having your father adopt other children she may have reduced your inheritance. However, to sue on an ungiven gift is too speculative.
On what basis do you want to sue your father? His actions did not directly affect you - just your mother. Furthermore, he hid the infidelity trying to spare you the emotional trauma.
I believe any lawsuit comes from the mother and father.
Mike.