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Assuming parent duties may require eating the whole enchilada

On Behalf of Cullen Family Law Group | Feb 5, 2016 | Child Support |

It is not unusual for a person in California to become a stepparent without going through the usual process of legally adopting the children of a spouse’s previous relationship. A lot of times, it’s a role that is just taken on by virtue of the demands of the new family structure and the fact that the couple is now married.

But just because a stepparent fulfills what many might consider to be the normal parenting role and responsibility sometimes doesn’t necessarily mean that the obligation to do so can or should be assumed at all times. To clear the air, establish legal parameters and support responsibilities, it’s helpful to go through the process of legal adoption.

An example of the kind of legal wrangling that can occur if adoption is not pursued is offered up in a case from another state. According to a report on the matter, the dispute started as an effort by a stepfather to prevent his ex-wife from moving her children with her to California.

When the couple married in Serbia in 2005, the woman was the single mother of twin siblings. The family moved to Pennsylvania and separated in 2009. When the woman decided to move to the West Coast in 2012, the ex-husband petitioned the court for partial custody of the children and to block the relocation. In response, the mother petitioned the court to have her ex-husband pay child support.

The apparent foundation of both claims was the stepfather’s claim that even though he had never legally adopted the children, he had stood in loco parentis. That is, he had intentionally assumed the rights and duties of being a parent.

Interestingly, the trial court agreed with his position and granted his requests, but the mother’s claim for child support was denied. The court said the stepfather didn’t owe child support because he was not the biological father.

The Pennsylvania Supreme Court affirmed the man’s claim of assumed parenthood rights, but overturned the latter finding. In effect, what the majority of the court said was that being in for a penny means that the stepfather has an obligation to be in for a pound.

Some legal observers suggest the case serves as a word of caution for parents in any sort of blended family situation.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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