Legal Question in Family Law in California

child benifits

when i was married i had a child from another person my now exhusband and now decesed, my question is is this child entitle to ssi benifits


Asked on 2/19/07, 12:55 am

1 Answer from Attorneys
Laurence Haines HainesLaw

Re: child benifits

It depends. A child born during a marriage is presumed to be the child of the woman's husband. If your child was born during your marriage to your ex, then he could be the legal father. If so, your child has all rights as a child would have regarding SS benefits, if any.

Now, if the biological father ever asserted parental rights, had a blood test, etc. then he may be the legal father. Under that scenario, then your child would not be the legal child of your ex.

Good Luck.

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Answered on 2/19/07, 1:40 pm


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