Child born from extra-marital affair
Posted 21 October 2009 - 05:22 AM
Posted 21 October 2009 - 06:27 AM
Then the dolt should be filing an action in the relevant family court to address the issue of paternity.
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
Posted 21 October 2009 - 07:23 AM
There will be a presumption that the husband is the father (unless the husband and wife are not cohabitating, but whether that's relevant depends on the applicable state law). That presumption can be rebutted but, again, specifics depend on the applicable state law. With respect to birth certificates, you guessed it, the rules vary from state to state. All that said, if the mother can establish that someone other than her husband is the father, of course she can seek child support. Of course, nothing says that the adulterous mother will get custody. Once paternity is established, the father will have the same right as the mother to seek custody and support from the mother.
Posted 21 October 2009 - 08:23 AM
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