Legal Question in Family Law in California
Spouses responsiblity to child not his/her own
When the couple is separated, what responsiblity if any does one spouse have to support the child of the other spouse and a third party? For instance, a man and woman are married. They separate (non-legal) and the woman has a child by another man. Is the legal spouse considered the father of the child? If he passes away, does the spouse then have the right to claim Social Security survivor benefits for that child whether or not his name appears on the birth certificate?
2 Answers from Attorneys
Re: Spouses responsiblity to child not his/her own
If the child was born during your marriage, then it would be presumed that you are the father. Upon filing for divorce, you would need to petition for paternity in order to avoid legal obligations for child support. If not questioned, then it is quite likely the other parent will request survivor benefits.
Re: Spouses responsiblity to child not his/her own
A spouse has a legal duty to provide for the other spouse, but there is no duty for the spouse child, which is not related to the payor. If the child was born after separation, better start now to get the dissolution. The problems increase with time. Good Luck, Pat McCrary
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