Legal Question in Family Law in California
Me and my husband have been legally married for 24yrs and have been seperated for 10 yrs. I have three kids one of which my son is not his. we all have been on his health insurance even my son since since birth. again been seperated for ten years and my son is 6yrs old. we had an agreement that he would pay for insurance since i was working and did not ask for child support. now he has a new girlfriend who wants my son off the insurance. my son is sick and is seeing specialsts. my husband is also my sons godfather. my question is can he remove my son from his insurance?
Thank you for the advice. Lisa
1 Answer from Attorneys
Typically unless he has adopted the son or held out your son in some way as his own to the rest of the world, I would say he has no real legal obligation for your son. You may need to find the real father and find out if he can pay for the health insurance since it is his legal responsibility. I would then proceed with gathering child support for the children you have with this man.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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