I have been raising my daughter 6 yrs and her brother 4 yrs. Since 2009 I say her brother because he is not biologically mine. The reason I have them is two things 1. I don't trust her judgement and 2. she works 10 to 12 hour shifts. I don't work because I receive SSI they go to their mothers on the week ends. And she helps very little and when she does she acts as if it's a lot like they don't grow out of cloths $25 here and there isn't nearly enough.she also has a 1 yr old daughter that lives with her. We recently started letting the boy's biological father in his life he goes to his mothers house to see him. On the weekends.she doesn't really pay child support for either one. My question is can I take either one for child support of the boy

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Originally Posted by gildare1107

i have been raising my daughter 6 yrs and her brother 4 yrs. since 2009 I say her brother because he is not biologically mine. the reason I have them is two things 1. I don't trust her judgement and 2. she works 10 to 12 hour shifts. I don't work because I receive SSI they go to their mothers on the week ends. and she helps very little and when she does she acts as if its a lot like they don't grow out of cloths $25 here and there isn't nearly enough.she also has a 1 yr old daughter that lives with her. we recently started letting the boy's biological father in his life he goes to his mothers house to see him. on the weekends.she doesn't really pay child support for either one. my question is can i take either one for child support of the boy

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Where?

Is there any custody or support Order for either of the children?

As the step parent you have no legal rights to the child what so ever, To receive any support you will need guardianship or custody.

Legally since you are not living with the mother ( from the way I read it) legally you cannot even get chld care, medical care or anything for the child.

At this point you are the baby sitter for the chld, nothing more

I STRONGLY suggest you consult a local Family Law attorney. As Chuck noted you may not have any legal rights to the boy. What is not clear here is whether you were married to the mother when the boy was born. That could change things. It might be possible to obtain support from the bio father, but to do so, he would have to be declared the legal father and that would mean he could obtain custody. So by going to court over this you could lose the boy entirely.

And why doesn't the mother pay support?

Yup

All right

Even though it is my last name he carry's and me he lives with. And no we were never married

Does not matter what the mother named the child, she could have given the child my name or any name, unless you
1. are on the birth cerficiate listed as father
2. have adopted the child
3. gained guardianship of the child.

The child can not legally live with you. The child's mother or father can show up at your door anytime and demand the child. And/or could even if things went bad, try to have you charged with interfering with custody

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Originally Posted by gildare1107

even though it is my last name he carry's and me he lives with. and no we were never married

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The bolded portion is the key. Little else matters. That doesn't, however, mean you can't get custody. Depending on local laws, the fact that he has lived with you and you have provided support for him for 4 years, may matter to the court.

But without going to court, the bio father could file for custody and possibly get it, once he proves paternity. So, again, you should consult an attorney ASAP.

P.S. I have no clue what "Yup" and "alright" refers to. If you use the Reply option it quotes the post you are replying to, Or post a full response explaining what you are replying to.