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    EjmW's Avatar
    EjmW Posts: 1, Reputation: 1
    New Member

    Feb 4, 2008, 02:22 PM
    Child support for non biological children
    I am separating from my common law husband of almost 6 years... I have an 8 yr old from a previous relationship and we have a 5 yr old together
    My oldest doesn't remember before my ex, calls him dad, and he has referred to him as son since the age of 3...
    We are making arrangements , doing a separation agreement and is resisting the child support issue in regard to the oldest child... ( whose biological father is not active in our lives) I will be the custodial parent, he will have full visitation, in time we can share custody, when he is set up to have them in his life in this way, but I feel that if he considers him son enough to have shared custody, then he should contribute child support for his maintenance until then. I have researched a bit and it really is a mixed bag... I would like to avoid the whole ugly court thing, and I am trying very hard to be reasonable, but I also want my children be cared for and I feel that he shouldn't fight this issue
    Any good advice?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Feb 4, 2008, 03:23 PM
    1. He can not have any legal custody, shared or even legal visitation, though the courts, if he did not adopt the child. Period, only the biologcal father could have those, and you should be getting your child support from the biological father. There is no way you can require him to pay child support on this child, they will laugh at you in court

    So you should have all these years been going after the bio father for the legal support you are suppose to get ( assuming you filed for child support from him which you were suppose to do)

    He can only get visitation or custody agreement on his child

    While it is nice he wants to be part of that child life and you want him to, any agreement to pay extra for that child would not be court ordered but only an informal agreement that would not be able to be inforced by the courts.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member

    Feb 4, 2008, 06:19 PM
    He cannot be forced to pay any child support for this child. Only his biological child counts. Sorry. Go after the child's real dad for the $$$$$.
    mable's Avatar
    mable Posts: 2, Reputation: 1
    New Member

    Feb 4, 2008, 06:32 PM
    I think it should be up to the man in question. He has been raising this child as his, how can he back out now?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert

    Feb 5, 2008, 05:32 AM
    You HAVE NOT legal standing to sue him for CS for the oldest child,but you can ask his father for payng CS.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member

    Feb 5, 2008, 06:51 AM
    Quote Originally Posted by mable
    I think it should be up to the man in question. He has been raising this child as his, how can he back out now?

    He's not backing out - he never legally adopted the child; he has no legal standing with the child and the child has no standing with him.

    It's the law.

    Every step parent in the World whose "step marriage" ended would end up supporting someone else's child or children if simply stepping in as a parent made you responsible for the child's expenses.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert

    Feb 5, 2008, 07:47 AM
    Quote Originally Posted by mable
    I He has been raising this child as his, how can he back out now?
    But he has never had an obligation to do it.;)

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