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court allows man to seek money from daughter's biological father

Posted by on Feb. 4, 2012 at 9:41 AM
  • 52 Replies

  man who discovered that the daughter he raised was not really his can sue the biological father for $190,000 -the estimated cost of raising her for 15 years - the Connecticut State Supreme Court has ruled.

Eric Fischer saw the red flags. When his youngest daughter was born, his wife Pamela Tournier's close friend and business partner Richard Zollino rode home in the limo with the new parents. For the next 15 years, Zollino was omnipresent at the girl's musical recitals as well as her eighth grade graduation. And his youngest daughter did not look like his other two daughters, including one from a previous marriage.

Fischer decided to confirm what he already suspected. He "surreptitiously obtained" a hair sample from his daughter and sent it to lab with his own DNA sample and in October 2006, he received the results that "excluded the possibility that he was the younger daughter's father," according to a court document.

Fischer confronted his wife and they divorced in 2007.

The couple's separation agreement only listed the couple's elder daughter as issue of the marriage and Tournier testified that she believed the agreement was fair and that "she believed [Zollino] was the younger daughter's father and that he had provided the younger daughter with support since and would continue to do so," according to the court document.

Zollino submitted a DNA sample and it was confirmed that he was the girl's father.

In 2008, Fischer filed a lawsuit against [Zollino] seeking damages on claims of nondisclosure, misrepresentation and unjust enrichment.

A lower court ruled against Fischer, saying that he "had held himself out to be the younger daughter's father, that he had caused her to rely on him to meet her financial and emotional needs, and that revealing her true parentage after she had been led to believe for her whole life that [Fisher] was her father, would be detrimental to her emotional well-being."

Fischer, Zollino and Tournier did not respond to requests for comment. Zollino's attorney declined to comment and Fischer's did not respond to a request for comment.

This week, the seven Connecticut Supreme Court justices unanimously overturned the ruling, saying that there was no evidence that Fisher's lawsuit would be of financial detriment to the younger daughter, a legal technicality that helped overturn the original decision.

The justices ordered the case back to the Middletown Superior Court where it will be assigned a new judge, since the one who ruled originally has since retired

http://abcnews.go.com/blogs/headlines/2012/02/court-allows-man-to-seek-money-from-daughters-biological-dad/

Posted by on Feb. 4, 2012 at 9:41 AM
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mackQuin
by Ruby Member on Feb. 4, 2012 at 9:46 AM

 has this been posted before?

5-kids
by Silver Member on Feb. 4, 2012 at 9:51 AM
1 mom liked this
i feel sorry for the daughter. obviously, the man she thought was her father didnt give a crap enough about her to leave it alone.
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ceashell429
by on Feb. 4, 2012 at 9:54 AM
2 moms liked this
Sucks for the daughter. But her mother and biological father made her the victim and the man raising her a fool. Who knows if given the option, he still may have raised him. But he wasn't afforded that option. I agree with him suing.
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momof6nokc
by Bronze Member on Feb. 4, 2012 at 9:57 AM
11 moms liked this

So mom screws around with her business partner and gets knocked up, they scheme together to trick the husband, and somehow the HUSBAND is the bad guy?  What a crock o'shit.  Mom defrauded a man and the real father is a slimebag who willingly did NOT step up to the plate and take care of his child.

Husband and child are the victims.  Biomom and Biodad need to be hit with punitive damages for acting like assholes and heathens.

mackQuin
by Ruby Member on Feb. 4, 2012 at 10:02 AM
1 mom liked this

 

Quoting momof6nokc:

So mom screws around with her business partner and gets knocked up, they scheme together to trick the husband, and somehow the HUSBAND is the bad guy?  What a crock o'shit.  Mom defrauded a man and the real father is a slimebag who willingly did NOT step up to the plate and take care of his child.

Husband and child are the victims.  Biomom and Biodad need to be hit with punitive damages for acting like assholes and heathens.

 i agree with you.

 

CABZS
by Ruby Member on Feb. 4, 2012 at 10:07 AM
1 mom liked this
I feel horrible for the DD and the man who was raising her.

I just hope he is able to explain to this girl that he still thinks of her as his DD!
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CanInTex
by Gold Member on Feb. 4, 2012 at 10:10 AM
1 mom liked this
Me too.


Quoting mackQuin:

 


Quoting momof6nokc:


So mom screws around with her business partner and gets knocked up, they scheme together to trick the husband, and somehow the HUSBAND is the bad guy?  What a crock o'shit.  Mom defrauded a man and the real father is a slimebag who willingly did NOT step up to the plate and take care of his child.


Husband and child are the victims.  Biomom and Biodad need to be hit with punitive damages for acting like assholes and heathens.


 i agree with you.


 


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o0gone0o
by Platinum Member on Feb. 4, 2012 at 10:22 AM
while i agree that the bio father should have been paying child support, im not sure how i feel about getting a dna test done and everything. Her not being his blood shouldnt change the fact that he was her father. And fathers financially and emotionally support their children. I feel bad for the girl.
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alwayskk
by FittyCentsAHug on Feb. 4, 2012 at 10:29 AM

Sad.

Paperfishies
by Platinum Member on Feb. 4, 2012 at 10:34 AM
1 mom liked this

The husband and child are the victims...The bio mom is a nasty whore and the bio dad is a nasty piece of shit.

The husband SHOULD be able to sue and he should win.

People need to fucking realize that when you have an affair it does NOT just effect your spouse, it effects the entire fucking family.  Children are VERY affected by affairs and anyone who says other wise is a god damn moron.

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