My wife is pregnant with another man’s baby while we were separated, Will I be responsible for the child?
Oddly enough this scenario is more common than people may think in America. Unfortunately, this topic does not get enough focus unless it is on the Maury show which tends to deal with both married and unmarried couples who seem to have above-average dysfunction. Nonetheless, If a baby is conceived during a marriage the law states that the legal father (husband) is presumed to be the father of the child. Therefore he will be financially responsible for the child. What I recommend for men who are married and separated whose wife got pregnant by another man. I suggest you speak with an attorney in your state to better understand all of the options at your disposal. Please keep in mind there is a strong chance that a DNA Paternity Test will need to be performed. Whether it is by court order or the parties involved agree to perform a paternity test before involving the courts. It is important to know that DNA testing will play a factor for the husband or the man your wife slept with.
I believe all states in the U.S. follow this rule of the husband is presumed to be the father of a child who is born in a marriage. Please check your state’s paternity law or seek out family law advice from a Family Law Attorney in your state to gain more clarity about your state’s paternity laws.
What Happen’s Next?
Now, What do you do? This question will change from husband to husband because each man’s situation will be different. For example, if the man that is the biological father (wife’s fling) decides he wants to be in his child’s life and the wife believes this is the right thing to do. The husband may be fortunate enough not to be held with a financial burden of child support. A divorce will most likely need to take place as well as a paternity test will have to be performed in order to change the name on the child’s birth certificate. Doing this will allow the biological father to be viewed in the eyes of the state as a custodial parent. If you would like to learn more about paternity testing and the statute of limitations by a state to rescind paternity and paternity fraud statistics. Please check out my new book “Are You? Or, Are You Not The Father” The Complete How-To-Guide To The Paternity Testing Process.
What happens if the mother can not find the biological father. Will the husband be responsible?
If the mother of the child has lost contact with the biological father the courts will almost always differ to the husband as the responsible party is that the child was conceived within the marriage and therefore he will be deemed as the legal father of the child in the eyes of the state. Again, I always recommend researching your state’s paternity laws. Remember, although the foundation of paternity law is the same. There are some small nuances that will make paternity laws unique to each state.