Legal Question in Family Law in California

Step-Children in a Divorce

I have an 8 year old daughter from a previous relationship. My husband came into her life when she was 5 months old. We were married when she was 2. Her biological father has no contact with her. My husband and I are in the process of filing for divorce. We have a 6 year old son together. During our 1 year separation he had visitation/custody (he takes them every other weekend)of both children. After the divorce he still wants visitation/custody of both children. My husband advised that the legal information he has received states that he will not be in anyway responsible for his step-daughter after the divorce is final. My concern is that I am not working and will have no health insurance for my daughter once the divorce is final. Please advise what, if any, step-child support laws there are in California. Thank you for your time.


Asked on 1/11/05, 4:20 pm

1 Answer from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: Step-Children in a Divorce

You need to grow up fast and realize that you and your husband are adults walking through life together, even if you are separating. He probably loves your first child but is not willing to be forced into an obligation he does not want to take on. Ask him to meet with you without rancor to work out a Marital Separation & Property Settlement Agreement. Take a few meetings on this document and work it out together. See if he doesn't want to give some protection to this first child as long as you demonstrate your gratitude to him for allowing you to be what you were meant to be: a stay at home mother to his child and to your first child as well. After the two of you have worked out all of the details of your obligations to each other now that the passion has cooled and you are forced to walk through the rest of your lives with eyes open, you will be glad you put your feelings aside and acted like an adult.

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Answered on 1/11/05, 8:27 pm


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