In most instances, establishing the existence of a parent-child relationship is usually a precondition to a support duty.  For a woman, the parentage is often established by “proof of her having giving birth to the child.”   A mother’s and father’s biological parentage can be determined in an action filed under the Uniform Parentage Act.  Parentage can also be shown by individuals who register as domestic partners with the California Secretary of State.

Parentage can also be shown by the court’s grant of an adoption order, which results in a complete substitution of parents.  Sometimes a party will enter into a stipulated judgment that names the child’s “other parent.”  That party is estopped from challenging that judgment’s parentage determination, irrespective of the judgment’s validity.

A stepparent ordinarily has no duty to support the children of his or her spouse.  But, sometimes when dissolution proceedings are instituted, a stepparent’s duty to support those children may arise if:

• stepparent knew he or she was not the biological or adoptive parent of the child;
• stepparent told the child that he or she was the child’s true parent;
• representation was of “long continuance,” i.e., it was told repeatedly;
• stepparent intended that his or her representation be accepted and acted on by the child;
• child relied on the representation and treated the stepparent as his or her true parent; and
• child was unaware of the true circumstances.

If all of these factors are present, then there is “parentage by estoppel,” which prevents the stepparent from denying his obligation to provide support for that child.

If you are a stepparent he is separating from your spouse and want to know if you have an obligation to provide support, please contact a Sacramento family law attorney today.