What if he's not the biological father?

[tracyc]

What is the name of your state? CA

My soon to be ex-husband and were together for 8 years before seperating. My daughter was 5 when we got together. During the past 8 years, he has suported her financially and has been a father to her. (more then her biological father ever was) He has always refered to her as "his daughter" and to himself as "her father" Would I be entitled to child support for her even though he is not her "biological" father?

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

My soon to be ex-husband and were together for 8 years before seperating. My daughter was 5 when we got together. During the past 8 years, he has suported her financially and has been a father to her. (more then her biological father ever was) He has always refered to her as "his daughter" and to himself as "her father" Would I be entitled to child support for her even though he is not her "biological" father?

My response:

No.

IAAL

 

[Bloomer]

No, you are not entitled to any support from your husband for a child that is not his biological child or his legal child. And likewise he is not legally entitled to any sort of custody or visitation rights.

If the biological father would agree to allowing your husband to adopt the child then that would make him the legal father and you would both share all rights and responsibilities concerning the child including support, custody and visitation.

 

[I AM ALWAYS LIABLE]

No, you are not entitled to any support from your husband for a child that is not his biological child or his legal child. And likewise he is not legally entitled to any sort of custody or visitation rights.

MY RESPONSE: Didn't I already answer our writer? Also, the "likewise" part was never asked.



If the biological father would agree to allowing your husband to adopt the child then that would make him the legal father and you would both share all rights and responsibilities concerning the child including support, custody and visitation.

MY RESPONSE: Now, if these two are getting a Dissolution of Marriage, how "likely" do you think this would happen? And besides, why would the step-father want to "adopt", only to be made into a "wallet"?

Please don't "read into" a post. Just answer the questions posed, if you can.


IAAL

 

[nextwife]

As he is evidentally an important father figure to your daughter, you will no doubt want to encourage them to maintain a rrelationship, for your daughter's benefit.

It is her biofather to whom you should look for support. If biodad has been unable or unavailable to provide this, you are fortunate that your soon to be ex was willing to accept that responsibility for those years. But he is not obligated to do this.

 

[I AM ALWAYS LIABLE]

My response:

Why is everyone adding extraneous and "emotional" responses to this thread? Was there a pending question that I missed?

Remember, the only question being asked, that I read, was - -

"Would I be entitled to child support for her even though he is not her "biological" father?"

. . . nothing more, nothing less.

The said question was already answered, and the writer did not ask anything else. I am fairly certain that our writer is educated, and could and would have asked other questions if she felt it necessary or cogent.

IAAL

 

[tracyc]

thank you for the input

Thank you for your input. I have encouraged the relationship but unfortunately we are not on speaking terms so he has had little contact with her except by email and an occasional phone call. His loss! Thanks again!

 

[REParker819]

Re: iial posting stupid again, I see.

Follow your own advice, you moron. Get off this site, and maybe offline once in awhile. You are SUCH a waste of electricity.

You'll never be 1/8 of the man IAAL is. He is one of the most devoted people on this site (for whatever reason ), and most people are lucky to have him respond.

 

[Mrowka]

Yes, I agree IAAL's expertise and knowledge are of great value, but sometimes those of us unfamiliar with the law need more explanation than just simple "No" IAAL offered. Why did he need to waste his time to come back to this thread twice to scold people for giving OP broader answers?

 

[I AM ALWAYS LIABLE]

Yes, I agree IAAL's expertise and knowledge are of great value, but sometimes those of us unfamiliar with the law need more explanation than just simple "No" IAAL offered. Why did he need to waste his time to come back to this thread twice to scold people for giving OP broader answers?

My response:

The writer didn't ask for an "explanation". Also, she never asked any other questions that required the other "answers" being given by others.

Remember, the only question being asked, that I read, was - -

"Would I be entitled to child support for her even though he is not her "biological" father?"

. . . nothing more, nothing less.

If she had wanted an explanation, I would have offered it. But, the presumption was made that our writer is smart, and knew what she wanted to ask - - without needing an explanation.

Further "answers", like - "It is her biofather to whom you should look for support" were unnecessary. I'm absolutely positive that our writer knows this. Additionally, there was no pending question requiring that "answer".

There were more, but a simple "No" was all that was required, or needed by the writer, to answer her question. Her original question was asked with intelligence, and I knew she didn't require more. But, like I said, if she had come back to ask more questions, I would have responded to those new questions.

A good rule of thumb: When you find yourself in court testifying, or in a deposition, NEVER answer "more" than the question asks.

IAAL

 

[I AM ALWAYS LIABLE]

Yes, I agree IAAL's expertise and knowledge are of great value, but sometimes those of us unfamiliar with the law need more explanation than just simple "No" IAAL offered.


========================================

My further response:

It's okay to ask your own question(s) on a particular thread if you don't understand one of my responses, or you need an expanded answer. All you have to do is "type" and ask me. I'm always happy to further clarify, or expand upon, one of my responses.

So, for you, or anyone, who is "unfamiliar with the law need more explanation", just ask me.

IAAL

 

[fried eggs]

Re: Re: iial posting stupid again, I see.

You'll never be 1/8 of the man IAAL is. He is one of the most devoted people on this site (for whatever reason ), and most people are lucky to have him respond.

Now, pardon me, not meaning to disagree with the validity of your statement, but how exactly did you calculate the 1/8 figure?

 

[REParker819]

Re: Re: Re: iial posting stupid again, I see.

Now, pardon me, not meaning to disagree with the validity of your statement, but how exactly did you calculate the 1/8 figure?

LOL. Because using the common phrase, "you're not half the man he is" simply didnt describe how unmanly that dip**** is.

 

[Mrowka]

IAAL, when you put it that way, I have to agree.