Legal Question in Family Law in California

New Marriage

I'm getting married soon. My bride has a child from a another relationship. After marriage, I am planning on adopting her child. Was wondering, after we're married if we divorce, would she be able to ask for child support from me?


Asked on 7/07/04, 12:55 pm

5 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: New Marriage

Yes. Once you adopt, you are the parent.

Read more
Answered on 7/08/04, 11:33 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: New Marriage

Yes, if you adopt the child and divorce, the noncustodial parent has to pay child support. On the other hand, if you don't adopt, and she dies or gets sick or goes to jail, you will lose custody. See "How to Adopt Your Stepchild in California" available from nolo.com .

Read more
Answered on 7/07/04, 1:26 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: New Marriage

There is no legal difference between a biological child and an adopted child. You would be responsible for supporting the child, including child support if you dissolve the marriage. Good Luck, Pat McCrary

Read more
Answered on 7/07/04, 1:26 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: New Marriage

In a general sense, if you adopt and then divorce, you are obligated to pay child support. Depending upon your unique circumstances, if you do not adopt and lead the child to believe that you are his or her father, than you may be required to pay child support upon divorce.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Read more
Answered on 7/07/04, 1:50 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: New Marriage

If you adopt the child, then the child has all the rights, including inheritance rights, of a natural child.

It is the child, not the mother, who is entitled to support, and as the adoptive father, you certainly have the duty to support the child.

Your question leads one to believe that you are less than committed to the child and/or the relationship, and it may be better to reconsider your position before you adopt.

Damian Nolan

Read more
Answered on 7/11/04, 5:45 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California