Q: If my current boyfriend is paying for my children's costs because their biological dad refuses - can my boyfriend sue?!
My baby daddy has refused for over 6 months to support his children. My boyfriend is having to pay for everything as I'm a stay at home mom with two under two and can't work at the moment because childcare would cost more than I'd make. Can my boyfriend sue my baby daddy for being neglectful and making him support the kids
A: No, your boyfriend cannot sue. He has no standing. If you want bio dad to pay support, then get enforceable court orders.
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A:
Under California law, your boyfriend, as a non-biological parent, generally does not have legal standing to sue the biological father for child support. Child support obligations are typically the responsibility of the biological or legally recognized parents. However, your situation does not leave you without options.
You, as the biological mother, have the right to seek child support from the biological father. If he has not been providing financial support for your children, you can file for child support through the court. The court will consider various factors, including the father's income and ability to pay, to determine the appropriate amount of support.
It's advisable to consult with a family law attorney who can guide you through the process of filing for child support. They can also help you understand your rights and the legal procedures involved.
In the meantime, keep records of all expenses related to your children's care, as this information can be important in a child support case. This includes costs your boyfriend has covered on behalf of the children. These records can be used to demonstrate the financial needs of your children in court. Remember, taking legal action to obtain child support is a step towards ensuring the biological father fulfills his financial responsibilities to your children.
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