2007-10-17 17:49:46 · 24 answers · asked by Boogie27 1 in Family & Relationships ➔ Marriage & Divorce
It depends on the state you're in. In some states (not sure which, but Texas for sure), if a woman gives birth while married, the husband is automatically labeled the father & would have to pay child support if they ever got a divorce, regardless of biological paternity. My friend has to pay to his ex who he married while she was pregnant - the baby wasn't his, he was conceived in a previous relationship.
2007-10-17 18:00:20 · answer #1 · answered by Don 7 · 0⤊ 0⤋
If you live in the US...
Once the baby is born, the woman’s husband is the legal father, and in order for the bio-father to have any rights, he would have to petition the court to establish paternity, which means that hubby's paternity would be disestablished.
Generally speaking, a court will only allow this if bio-dad acts in a timely manner. If he waits *years* to do it, chances are a court is not going to allow it, on the basis that...he failed to act in a timely manner. So, in that case, hubby would remain the child's legal father.
However, in *some* states (and I don't believe it's many), the ‘establishing paternity through the court’ process can be bypassed IF all parties (mom, hubby and bio-dad) are in agreement, and bio-dad’s name is placed on the birth certificate initially instead of hubby’s, by hubby signing a denial of paternity and bio-dad and mom signing an acknowledgment of paternity.
2007-10-17 20:04:45 · answer #2 · answered by kp 7 · 1⤊ 0⤋
*In comparison let me ask: Does a thief have a legal right to a meal he cooks using stolen groceries.The law says that if you do not have good title to begin with then you cannot hope to acquire it somewhere down the line.
*The man can claim to be a biological father but i doudbt whether he could win in an effort to obtain legal rights over the kid. The husband of the cheating wife is, with her blessing, more likely to obtain adoption rights, if the matter became a legal tussle.
*This is however a matter for legal eagles and i am just a lay man.
2007-10-17 18:16:23 · answer #3 · answered by Truth Source 4 · 1⤊ 0⤋
Good question. I thought any child born in a marriage was assumed to be the husbands and is his responsibility.
A man does not have many "rights" when having any child with a woman he is not married to. Seems to me the woman holds all the cards.
2007-10-17 18:05:30 · answer #4 · answered by Anonymous · 1⤊ 0⤋
yes he does have legal rights to the child once the DNA test prove he is the father. There is a chance he will get the ex married woman as well. And if she have other kids...hehehehe guess what!
2007-10-17 17:57:18 · answer #5 · answered by Thomas 6 · 0⤊ 0⤋
The baby is automatically assumed to be the husband's child in the eyes of the court. He needs to not sign the birth certificate and get immediate legal counsel to dissolve the marriage then have a DNA test done ASAP. It sucks but hopefully he has some idea his wife is a whore. The man who knocked her up is no better of a person then her...
2007-10-17 17:56:09 · answer #6 · answered by macuser137 2 · 2⤊ 1⤋
Yes, but to know the full extent to all of this you'd have to ask an attorney about it....you'd have to do a paternity test, then pay child support and answer to the husband....and possibly go to court to determine child custody and visitation rights....if you want to know more I'm sure that an attorney or your lawyer could tell you....
2007-10-17 17:56:10 · answer #7 · answered by amyhwoods 5 · 0⤊ 0⤋
Absolutely! It's still half his baby, so to speak, no matter who she is actually married to. He can petition for custody if he wants to, or at least have joint custody, or visitation. The specifics would be on a case by case basis and the final outcome determined by the courts, unless the man and woman can come to some mutual agreement out of court.
2007-10-17 17:55:28 · answer #8 · answered by Nika 4 · 1⤊ 2⤋
He has a legal obligation to support the baby, but rights as far as custody and visitation depend on the situation. He'll definitely be needing a lawyer, that's for sure.
2007-10-17 17:54:48 · answer #9 · answered by WordNerd 3 · 1⤊ 1⤋
Not in FL. If a woman has a child when married, the legal father is her husband. If they sign off, you get your parental responsibility and visitation schedule.
2007-10-17 20:59:56 · answer #10 · answered by Anonymous · 1⤊ 1⤋