It happens more often than you might think: a child raised by two parents seemingly as their own to the outside the world is actually the biological child of only one of the parents. One common scenario involves a mother having sexual relations with a man outside the marriage but her spouse raising the child as his or her own. Such situations can work out just fine, but things can get complicated when the spouses separate and the question of child support to be paid by the non-biological parent comes becomes an issue.
The Connection Between Paternity and Child Support
The general rule in California for child support is that a biological parent is required to financially support the child until the child reaches adulthood, unless that person’s parental rights have been terminated, such as occurs in a child emancipation or stepparent adoption.
The flip side of this is that a non-biological parent does not have the legal obligation to financially support the child, unless that parent has adopted the child (adoption survives the divorce of the parents) or the law presumes that the parent is actually the biological parent of the child.
California’s Presumption of Paternity
California family courts apply a legal principle called “presumption of paternity” in child support matters. What this means is that the courts will presume that a child born during a marriage (or within 300 days after the termination of the marriage) is the biological child of both parents.
In addition, when a man lists himself as the father on the birth certificate of a child, the law will also presume he is the natural parent, even if he is not.
This presumption of paternity can be overcome in some cases through the use of blood tests, but failure to take action to disclaim a child as the biological child of the parent after two years may be ineffective in overcoming the presumption, meaning the non-biological parent will be responsible for paying child support.
Achieving the Just Outcome in Your Child Support Matter
Child support rights and obligations generally last until a child reaches adulthood, and thus it is extremely important for all parties involved to make sure they are taking prompt action to protect their rights under California law. Speak to an experienced California family law attorney about any questions regarding paternity and child support.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.