The answer depends on the circumstances of the child and the legal responsibility that your husband has assumed towards her.
If your husband married you under the Marriage Act knowing that you were a single mother and your daughter has been living with both of you as part of the household, his responsibilities towards the child cannot simply be determined by the fact that he is not her biological father.
However, being a stepfather does not automatically mean that he has exactly the same legal maintenance obligation as a biological parent.
The important question is whether he has legally assumed responsibility for the child, whether there is an existing court order concerning her maintenance, and whether the circumstances of the marriage bring the matter within the relevant provisions of family law.
A child is entitled to proper care and support. Food, clothing, accommodation, education and other basic needs cannot simply be ignored where a person has a legal responsibility to provide them.
If your husband has been supporting your daughter as part of the family and has now stopped, you may have grounds to seek legal relief, but you should not assume that you can automatically obtain a maintenance order against him simply because the child lives in his house.
The court will look at the facts of the case and determine who has the legal responsibility to maintain the child.
There is also an important distinction between your husband’s responsibility to you as his wife and his responsibility towards your daughter. If your daughter has a biological father who is alive and legally responsible for her, the court may consider his responsibility as well.
Therefore, before filing a maintenance case against your husband, it is advisable to speak with a family-law lawyer who can examine the marriage documents, the child’s circumstances, who has been providing for her, whether the biological father is available and whether any previous agreement or court order exists.
In short, you may be able to seek maintenance through the family court, but the fact that your husband married you as a single mother does not, by itself, automatically make him legally liable for every maintenance obligation relating to your daughter.
Legal reference: Section 69 of the Matrimonial Causes Act, where applicable.
This is general legal information and the exact position will depend on the facts of the particular case.
