Legal Question in Family Law in California

I have been married for 14 years we have 5 children together. Though one his is not the birth father of the child though he was aware of this fact and is on the birth certfitcate and has been the only father in the child's life and was married to me at the time of birth. there has been no legal action of divorce or separation. He currently resides at his mother's house with 2 children ages 13, and 11. And I have the other 3 children ages 15, 10, and 7. I have been the breadwinner for the course of the relationship for the most part he had no job which was not agreed apon arrangement. He now has worked for 2 years at job. Right now I am on short term disability and my income is reduced. I was wondering if it was possible to get full custody of all or either the ones that reside with me? And could petition for child support for all 3 even the one that he is not the birth father? And do I have good chance of susposal support?

Asked on 11/26/11, 9:10 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

0 users found helpful

0 attorneys agreed

While I am not a divorce attorney, as no one has answered your question, my opinions woud be:

1. since the child was born while you were married and his name is on the birth certificate, there is a presumption that the child is his;

2. child custody is determined by several factors, including what is supposed to be best for the child. You probably would get joint custody of all five children;

3. child support is paid so the child can have a certain level of living, so you might get support but might have to pay it for the children not living with you;

4. spousal support looks at the income of both parties and the one earning more has to contribute assistance to the other, but if you will be off disability soon you might have to give him support; you can go down to court and see what the results of the disco master is for support payments.

not proof read

Answered on 11/26/11, 9:21 pm

Mark as helpful