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[dawnaneedshelp]

Your right, ti may become a huge issue in their relationship, and its something they best work out before much longer. She couldnt try for custody even 50-50 while they were living at my home, as there wasnt a room for the child. So now that they are on their own, she wants to have more time with her son. Which i agree with 100%, i couldnt imagine not being with my kids for over 6 months, only seeing them occasionally. But thats just me.
They both have jobs, and can afford the place they are renting. She seems to be on the ball and not a lout. He wouldnt be with her otherwise. I dont think she is using him, but on the other hand sees him as a good catch.
So i just wanted to get some facts and let my son know where this can lead if he doesnt protect himself, from problems down the road.
Thank you all once again.

[HammerDad]

A pre-nup will most likely NOT remove any obligation for child support for the step-child if mom was ever to obtain custody of the child and their relationship was long lasting. It is the right of the child to be supported and live in a familiar lifestyle should the relationship breakdown (being her first marriage and/or her relationship with your son). You cannot contract regarding custody prior to the dissolution of the relationship. Prenups are not binding when it comes to custody.

If she only gets 50/50 custody, that may remove his obligation to the child. But then again, it may not. It would depend on the judge and the circumstances at that time.

IMO, he is in a catch 22. He wants the relationship with the mom but does not want to act as a parent to the kid because, if he acts as a parent to the child he may be on the hook for child support should they breakup. That will definitely cause some stress on his relationship. Now, the duration of the relationship to determine whether they are deemed common law will be grey (3 years in Ontario without a kid, pretty much instantly to 1 year with a kid). The question will be whether her child and the parenting time schedule leads one to believe he acted as a parent.

[dinkyface]

Given that bio-dad has custody now, it would seem unlikely that he would disappear in future (barring some amazing reversal in current roles/custody). However, it is possible that mom might disappear, especially if she remains non-custodial and visitation becomes difficult for some reason (money/distance/alienation). Then maybe bio-dad would be seeking support from step-dad? Seems weird, but possible I guess.