Does a biological father have rights to a childif the woman is married to someone else?

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Does a biological father have rights to a childif the woman is married to someone else?

My boyfriend is 40. When he was 18 he dated a woman 20 years old who was married (but separated – not legally separated). She became pregnant and later returned to her husband who accepted her and the child. They never went to court. My boyfriend paid support for 2 years until she and her husband relocated. My boyfriend has somewhat of a relationship with his son now 17. His ex is divorced as of this year and has sued for child support. Can she win? Does it matter at all that she was married?

Asked on October 4, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, she can sue and yes, she can win and obtain child support for his son.  There are a lot of "little" details that matter here.  First, was he paying child support for those two years pursuant to an agreement or a court order? If the answer is yes then I would sorry that she is suing for back child support, which is going to be a whole lot of money.  I am also worried that the 2 years of payment has established some sort of foundation for the past support and I would look in to what the laws in the state of California are in this regard.  He has a legal obligation to support his son.  He ALWAYS had a legal obligation to support his son.  The fact that the mother of the child was married to another at the time of conception has nothing to do with that fact.  Good luck.


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