Legal Question in Family Law in Massachusetts

I am married to a woman from Mexico and she has a son from a prior relationship (not a marriage). He has her first husbands surname. We have been married only 6 years, I have not adopted him or given him my name. What would my responsibility be if we divorced


Asked on 8/26/11, 9:29 am

2 Answers from Attorneys

Legally none. He is not your child by birth or adoption.

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Answered on 8/26/11, 9:41 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Attorney Roth is technically correct, but if you are the only father that the child has ever really known or relied upon, the child (or the mother on his behalf) could bring potential claims for 'de facto parenthood' or 'parenthood by estoppel'. These are complicated legal concepts. If you are considering divorce, please feel free to reach out to our firm, as we can guide you through those issues.

On the other hand, if you would like to legally adopt the child, we would be more than happy to assit you in your step-parent adoption. Either way, good luck!

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Answered on 8/26/11, 9:48 am


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