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Child born from extra-marital affair

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#1 ParaLawGeek


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Posted 21 October 2009 - 05:22 AM

If a mother is married but the father of her baby is not her husband, can she still list the father on the birth certificate and file an action against him for support.  I know husbands are presumed the father of a baby born during a marriage but in this circumstance the husband definitely does not want to take responsibility for the baby and now the father of the baby is denying responsibility. 

#2 Fallen


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Posted 21 October 2009 - 06:27 AM

The law will presume that the husband is the father unless she establishes paternity of bio-father.  Hospital and state won't blink in issuing a birth certificate if she puts whom she asserts is bio-father on a birth certificate form, but her putting down "Mickey Mouse" on the birth certificate doesn't make MM the legal father.


"... but in this circumstance the husband definitely does not want to take responsibility for the baby ...."

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.  :)

#3 pg1067


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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.


#4 littlemsmom05



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Posted 21 October 2009 - 08:23 AM

My cousin had an affair w/ a married woman.  Apparently she wasn't sleeping w/ her husand at all so when she popped up pregnant surprise surprise!! Anyway she is still living w/ her husband, established paterenity yep my cousin was the "Baby's Daddy"  and he is paying child support on the child!  She has since had another child that does belong to her husband, my cousin is getting divorced and paying child support on a kid he doesn't see!! Which to me is his fault you play you pay!  So shebroke up his marriage by thinking she could have him by getting pregnant, fooled her she is getting his $$ but not him!  My cousin x wife to be is getting everything good for her!! and her husband is staying with her knowing he raising a "love child" what an idiot!  Man this sounds like Maury at 4 pm!

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