Regardless whether if the married couple are working together amicably or they are separated. The law remains the same. Any child born within a marriage is the legal responsibility of the husband. This can be extremely challenging when a husband is separated or, the marriage is near it’s end. If a man is the situation I described inn this paragraph. He may want to move very slowly before starting a new relationship. Depending on the mother pysche. Her husband could have a tough go of things because the laws as they are currently constituted do not favor alleged fathers.
This is a very important topic that both men and women tend to overlook. If you are a married couple and a child is conceived within a marriage. All states in America will deem the husband the legal father of the child.
Unfortunately, Yes! As I stated earlier, the laws in each state agree that any child born into a marriage is the husband’s responsibility.
One of the best scenarios a husband can have in this situation. Is if he and the mother are communicating on fairly good terms and, the mother has strong bond with the real biological father of the child. Being able to have healthy communication with her will go along way to alleviating your responsibility to child that is not yours.
Here are list of things a husband and a agreeable wife will have to do remove the burden from the legal father (husband).
1. File a Denial of Paternity form. DOP allows a husband to deny that he is the biological father of a child.
2.Have the biological father file an Acknowledgment of Paternity with the court.
3. Take a paternity test. The mother should have the biological father of the child be tested to prove paternity. The result can be submitted as evidence with the court.
4. File a Petition to Adjudicate Parentage- What this basically means is, the mother will have to file documents with the court requesting that the court adjudicate that the other man is the biological and legal father of her child.
5. Divorce – In the event paternity becomes an issue during the final decree of a divorce. Paternity can be adjudicated during this period following steps 1-4.
Please make sure you consult with a legal professional in your state to gain clarity on the laws pertaining to Paternity Acknowledgment. Each state is laws different slightly by the foundation is pretty much the same.
Technically, It depends. If you are dating or have a girlfriend and child is conceived during your relationship. Paternity can only be established if the alleged father signs the paternity acknowledgment form. What this means is, Legally he will not be considered financially responsible for the child if this form is not signed.
But, this does not mean the alleged father is out of the woods. Depending on the mother’s motives. She can sway the court to deem you the legal father. The most effective way is filing a court order. If for any reason you (alleged father) do not show up in court. Whether the child is yours biologically or not. The court will deem your no show response as a default judgment and you will automatically be deemed the legal father of the child.