What would be the custody and support obligations for my husband for my 13 year old that is not biologically his?

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What would be the custody and support obligations for my husband for my 13 year old that is not biologically his?

A 11 year marriage that was filled with drugs and abuse. My son only knows him as his father since he was one. Louisiana

Asked on May 12, 2009 under Family Law, Louisiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Many courts recognize the concept of a "psychological parent" in cases like this, if your husband has supported him and otherwise been a father to him for almost all of his life.  Often this is especially true if you have lost contact with the biological father in the meantime, so that you would have nobody else to pay child support.

This works both ways.  If your husband wants to continue being a father to the boy, you would probably not be able to use the fact that he's not the biological father to stop him.  If there are other reasons to keep him away from your son, that would work the same way as with a natural father who was not good for the boy, you could still use those -- and probably still get child support as well.

These cases always depend on the facts, and every case is different.  Also, I'm not a Louisiana attorney, and there may be some differences in the law there that would be important.  To find a qualified divorce lawyer in your area, you can go to our website, http://attorneypages.com


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