Not Biologically His


#1

My husband and I were married back in January,1995. I was already pregnant at the time by another man whom I was no longer seeing when my now husband came back into the picture wanting to get back together after several months apart while he dealt with a drug problem. Which is why I’d stopped seeing him to begin with. He put his name on the birth certificate as my son’s father at time of discharge from the hospital,suggested using his middle name as our son’s first name and has been the only father my son has known. Now,several years later,he wants a divorce. I need to know legally how the court would view this regarding financial support.


#2

Yes, he could still be ordered to pay child support. The biggest thing you have in your corner is that he signed the birth certificate, even though he knew he wasn’t the biological father. He thereafter continued to hold himself out to the child and to the public as his father. He has taken this responsibility onto himself. This case is an excellent exaample of when the law about ‘in loco parentis’ would apply. If no one else is providing support and he has stood in the place of the parent then he can be held liable for child support.