Monday, January 25, 2010

If You “Quack” Like a Father…..

Men often believe that if a DNA test absolves them of being a biological parent, they are off the hook for child support. Au contraire … Evolving Case Law and Statutes say otherwise. For example, California Family Code § 7611 (c) provides an alternate non-biological way a man can become a parent. It states: “After the child’s birth, he and the child’s natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:

(d) He receives the child into his home and openly holds out the
child as his natural chil
d.

What does that mean? A man’s actions, after knowing he is not the child’s father, can lead to a situation (if everything else is in place) that creates a parent/child relationship, where one can be obligated to pay child support for a non-biological child. Of course you would then have rights of child custody regarding the non-biological child … but that is for another post.

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