confused friend

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My friend has one biological child and has been taking care of a child that is not his since the childs birth. Now he is considering separating from aa common law marriage and is wondering how it would work for the oldest child. Would he have to pay child support on her or would courts go to the biological father?

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Lorrie Stojni, BA, MA, LLB

11 years ago

It depends on a variety of factors. If your friend stood in place of a parent to the non-biological child, (meaning he supported the child and as a father to him/her), then the court may find that he is in "loco parentis" and that he should pay child support to the mother upon separation.

I suggest that your friend contact a lawyer for more detailed information specific to his case.

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