Legal Question in Family Law in California

Re: Non Birth child support

The two prior attorneys may have been a bit to hasty. There is case law wherein a step parent can be ordered to pay support. It turns on what is called an estoppel theory. It is obviously not as easy as getting the natural father to pay support, but it is good law. The early case is In re Marriage of Clevenger. There have been other cases since then. Essentially, if your husband has held himself out as the father, has formed a parent/child bond, has allowed the child to believe he is the father, the court might order him to pay support.

Re: Non Birth child support

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Only is your husband (soon to be ex) adopted or agrees to adopt the child now.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Non Birth child support

No.