Legal Question in Family Law in California
Love for a non-biological son.
My now ex wife got pregnant from another man while we were separated. She was 2 months pregnant when we reconciled. I was present when the baby was born, she put my name on the birth certificate as his father, and I have been a loving supportive father to this little boy from the moment he was born knowing all along that he was not my biological child.
He is now 5, we divorced, and now have both remarried since then. Since we divorced I have paid her child support, and we have shared custody of our son. We get along the majority of the time, but at times she holds the child not being biologically mine over my head and threatens me with not being able to visit with him. I’m asking this question to find out if I have any legal rights in the courts eyes?
His biological father has never supported him financially or emotionally, and does not seek any contact with him. Also, she has never sought child support from his biological father.
What are my options? Thank you in advance.
2 Answers from Attorneys
Re: Love for a non-biological son.
The child was born during the marriage and you took him into your home and treated him as your child. As I recall you are the presumed father, and there is only a limited time in which to contest the biological paternity, two years after birth. Unless you agree I do not believe that either mother or the bio dad can contest that you are the father. Just let her threats roll off and do not get excited about them.
Re: Love for a non-biological son.
It is not clear from your question whether you adopted the child while married to your ex-wife? If so, you certainly have rights. Did you assert any parental rights during the divorce concerning visitation, etc? This can be a complicated situation. It’s hard to give you a definitive answer based on facts presented in your question.
Feel free to contact my office by phone or email if you wish to pursue this matter.
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