im still married to her and want to stay married to her so does that make me responsible?
2007-05-10 11:24:07 · 20 answers · asked by hosscarr 1 in Family & Relationships ➔ Marriage & Divorce
Yes, in most states if you are married and your wife is pregnant you are the purported father. Technically speaking, the bio dad will have no rights unless he decides to pursue it in court.
2007-05-10 11:31:19 · answer #1 · answered by Starla_C 7 · 1⤊ 0⤋
No, not quite. Will the father be responsible? If he wants to be, he will need to come see the baby once it is here.
There is paperwork at the hospital that will relinquish any claim, giving permission and legally recognizing that you are not the father and another man is. Contact the hospital where the baby will be born and ask for the forms.....good luck.
********Note: I do not want you to end up with the wrong advice here. And believe me you are getting some. Because it does happen, and you are 100 % sure you are NOT the father, the hospital already has the paperwork you will need to ensure that the rightful father is named on the birth cerificate. You will need to have the papers notarized, then sent to the real father so that he can do his part to make sure he is the legal father. He will also be the one to sign the birth certificate.
Now, as far as your legal rights to this baby, you will have zip. If you spend years raising the baby, and for whatever reason, your wife and you separate, you will not get visitation.
Like I said, contact the hospital and let them know your wife is having a child with another man and you are staying together, but, he will be needing the paperwork so the child can have his last name and assume responsibility.
2007-05-10 18:45:05 · answer #2 · answered by treasuredwife69 5 · 2⤊ 0⤋
By law any baby that is born while a couple is married is assumed to be the husband's baby automatically. In order to not be "legally" responsible you would have to go to court and request that a DNA test be taken to prove the baby is not yours. However this is usually only done during a divorce. You may have to contact an attorney to see if it can be done while you are continuing the marriage. The real question here is does she want to stay married to you? If so do you want to raise another man's baby for the rest of your life. Even if paternity is established and he is found to be the father you will still have the major responsibility of raising and supporting the child the only difference will be a child support check (if he is working ) and maybe visitations for him.
2007-05-10 18:51:55 · answer #3 · answered by Suesan W 4 · 0⤊ 0⤋
Wow that's pretty complicated. The laws are pretty clear that if you are married you will be assumed as the father. If you want this guy to have to take some responsibility then you need to request a paternity test, but that also means that the biological father has a right to be in the babies life if he so choses. IF you all agree, he can sign away his paternity rights to you, but that means you are responsible for that child until it is 18. With the circumstances not clear as to whether or not your wife cheated and you are taking her back on her word, then I would suggest being very careful doing this as there is a chance that she will cheat again, even if she says she never will. Good luck, I would not want to be in your shoes.
2007-05-10 18:35:32 · answer #4 · answered by Amy 5 · 0⤊ 0⤋
If you stay with her, you will be responsible since she and the baby will be living with you. However, she should ask the father of the baby for child support so that at least he has some responsibility.
2007-05-10 18:27:35 · answer #5 · answered by marisanj 5 · 2⤊ 1⤋
No, it makes you stupid.Use the head on your neck not the other one in your pants right now.She is pregnant by some other dude and she is married to you.Once your name is on that baby's birth certificate you are then responsible.Tell her if she gives the baby to the father you might take her back after its born, otherwise forget it, or she can dump you after your name is on the birth certificate and go back to the baby's dad or some other guy and then YOU will have to pay child support.Get a dan test after its born too.
2007-05-10 18:29:37 · answer #6 · answered by Anonymous · 1⤊ 2⤋
IF you stay married and accept the child as your own (staying married is implied that you accept) YES.
2007-05-10 18:31:39 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No you're not responsible for the child but if you want to you can love and care for the child like he/she is yours.......Good luck
2007-05-10 18:49:53 · answer #8 · answered by Kim 2 · 0⤊ 0⤋
Who's name is she putting on the birth certificate? That is who will be responsible for the child.
2007-05-10 18:29:27 · answer #9 · answered by Stefka 5 · 0⤊ 1⤋
You want to stay with her,WHY. NO get the baby's blood tested if not your you are not responsible..
2007-05-10 18:29:48 · answer #10 · answered by larry B 4 · 0⤊ 1⤋