my bff's husband may not be the biological father of her child and he is aware of it. he married her when she was pregnant, put his name on the birth certificate and gave the child his last name. he agreed to raise the child as his own and has done so since birth. he has never asked her for a paternity test.
my bff caught him cheating and is now divorcing him, he now says he will ask for a paternity test and not pay any support if the child is not his, even after he has raised the child from birth. what will the court do? will they do a paternity test? and if it happens the child is not his isn't there somekind of law that will make him pay for the child since he has claimed it as his from birth and supported both the mother and child? also will he get visitation if the child is not his?
i think he should pay, it is the same as someone adopting a child just without the paperwork. people who adopt have to pay child support.
2007-08-29 08:57:17 · 4 answers · asked by Anonymous in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
Depending upon which state you live in, there are laws which will protect the child. If his name is on the birth certificate, though, it will cost him a fortune to contest it.
The next time you run in to this little boy, please ask him what this child did that was horrible enough to abandon it.
2007-08-29 09:05:41 · answer #1 · answered by wendogscreate 3 · 2⤊ 1⤋
The father can demand a paternity test. If (or rather, when) the paternity test determines that he is not the biological father, he's not legally required to provide support to the child, unfortunately. It is different for adoped children, because even though they are not your biologically, you have to legally assume parental responsibility for the child. I'm assuming that he didn't "adopt" the child have he was born. The fact that his name is on the birth certificate has no bearing on the child's paternity. You can have ANY name as the father of the child.
That being said, if he's not the biological father, then he can't demand visitation either. So, he can't have it both ways. The mother can deny him all access to the child, which would hurt the child more than anyone else.
2007-08-29 09:08:45 · answer #2 · answered by This is SPARTAAAA! 5 · 1⤊ 0⤋
I think it is unfair to the child; however, since she was pregnant before they were married, he does have the right to a paternity test. If the child isn't his, he should not have to pay to support it for the rest of his life if he chooses not to do so... yes, that isn't fair to the child.. but it does open things up for this child to get support and a relationship with its biological father. This is not the same as adopting a child, in an adoption all parties know that they are adopting and agree to support that child for life. This man apparently changed his mind and actually has legal recourse to help him weasel out of being a father.. if the test proves to be negative.
2007-08-29 09:21:37 · answer #3 · answered by Rogue 3 · 1⤊ 0⤋
First of all, your bff and her husband does not even know who the real father of this baby is because no DNA has been done. If the husband asks for a DNA test and the baby is not his, the baby will usually go to the mother. There is no law that the husband needs to pay for child support because it is not his child. In order to become a legal father of this baby, he would have to adopt the baby with legal documents. As you stated before, there's no such documents. By law, a birth certificate needs a mother's name and a father's name. The father does not have to be the biological father. If your bff knows who the father could be, she can ask for child support from that guy. As for the current husband, if your bff doesn't work, she can ask for alimony. This is payment made to her, not for the baby.
You guys need to talk to a lawyer and stop assuming. Your opinions will not affect the court's decisions nor is it correct.
2007-08-29 09:09:40 · answer #4 · answered by Mrs Apple 6 · 0⤊ 1⤋