Am I liable for a child who I technically don’t have custody of?
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Am I liable for a child who I technically don’t have custody of?
I’ve been married for almost 4 years and my wife and I are getting a divorce. She’s
agreed to a uncontested divorce but I have a concerning question. Almost 2 years ago, my wife and her mom received custody of a now 11 years boy. I did not sign the custody papers nor is my name on the birth certificate. Am I going to be responsible for him?
Asked on October 23, 2018 under Family Law, Mississippi
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Since you are not the biological or adopted father, then you bear no financial responsibity for this child.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, if he is not your biological child and you have not adopted, you will have no liability or or in regard to him. (e.g. for child support; or liability to 3rd parties, if he injures someone accidentally or on purpose). Other people, even your own spouse, cannot make you responsible for a child who is not your own or whom you do not adopt.
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