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    lost3's Avatar
    lost3 Posts: 4, Reputation: 1
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    #1

    Dec 23, 2011, 08:53 PM
    What are the laws when your husband gets another married woman pregnant?
    When two people who are married but cheat on their spouses and the woman ends up pregnant does the mans wife or the woman's husband have any legal rights as to who is listed as the child's father?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    Dec 23, 2011, 09:07 PM
    No, the mother of the child has full rights, no one else has any rights at the signing. The bio father may have some rights to file in court latter after the birth.

    Also this depends on where you live, in many places if the women is married, her husband will be considered the legal husband, unless there is motions filed contesting this.

    The husband of the women, may file ( in some areas) to contest paternity. The bio father may file ( in most areas) to ask for paternity rights and visit.
    lost3's Avatar
    lost3 Posts: 4, Reputation: 1
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    #3

    Dec 23, 2011, 09:15 PM
    What are the laws on this in Ohio. Also, what if the woman that is pregnant is currently going through a divorce? And the man that she is pregnant by is still legally married himself?
    cdad's Avatar
    cdad Posts: 12,696, Reputation: 1438
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    #4

    Dec 23, 2011, 09:19 PM
    Quote Originally Posted by lost3 View Post
    what are the laws on this in ohio. also, what if the woman that is pregnant is currently going through a divorce? and the man that she is pregnant by is still legally married himself?
    Doesn't matter. The husband may still be the "presumed" father since it is before the divorce is final.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #5

    Dec 23, 2011, 09:22 PM
    Yes and the divorce could be delayed till after the child's birth, since paternity of the child along with custody and child support will all be issues.

    But yes, the husband will be considered the father at the birth, he or the bio father will have to file in court.
    ** assuming they don't allow the divorce till the birth.

    If she is divorced at the time of birth, then she may have to request a DNA test to prove the father if the bio father does not claim paternity.
    lost3's Avatar
    lost3 Posts: 4, Reputation: 1
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    #6

    Dec 23, 2011, 09:28 PM
    Ok, saying the court allows the divorce to be finalized, who would be listed as the child's father?
    cdad's Avatar
    cdad Posts: 12,696, Reputation: 1438
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    #7

    Dec 23, 2011, 09:32 PM
    Quote Originally Posted by lost3 View Post
    Ok, saying the court allows the divorce to be finalized, who would be listed as the childs father?
    The husband. As she was married at the time of conception.
    lost3's Avatar
    lost3 Posts: 4, Reputation: 1
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    #8

    Dec 23, 2011, 09:34 PM
    Thank you for all of your help! Merry Christmas!
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #9

    Dec 24, 2011, 10:37 AM
    Quote Originally Posted by califdadof3 View Post
    The husband. As she was married at the time of conception.
    BTW Ohio has strong biological presumption.

    3111.01 Parent and child relationship defined.

    (A) As used in sections 3111.01 to 3111.85 of the Revised Code, “parent and child relationship” means the legal relationship that exists between a child and the child's natural or adoptive parents and upon which those sections and any other provision of the Revised Code confer or impose rights, privileges, duties, and obligations. The “parent and child relationship” includes the mother and child relationship and the father and child relationship.

    3111.03 Presumption of paternity.

    (A) A man is presumed to be the natural father of a child under any of the following circumstances:

    (1) The man and the child's mother are or have been married to each other, and the child is born during the marriage or is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution or after the man and the child's mother separate pursuant to a separation agreement.
    3111.04 Standing to bring paternity action.

    (A) An action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the “Social Security Act,” 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.

    3111.05 Statute of limitations.

    An action to determine the existence or nonexistence of the father and child relationship may not be brought later than five years after the child reaches the age of eighteen.

    3111.09 Genetic tests - DNA records.

    (A)(1) In any action instituted under sections 3111.01 to 3111.18 of the Revised Code, the court, upon its own motion, may order and, upon the motion of any party to the action, shall order the child's mother, the child, the alleged father, and any other person who is a defendant in the action to submit to genetic tests.

    3111.18 Preparing new birth record.

    As used in this section, “birth record” has the meaning given in section 3705.01 of the Revised Code.

    Upon the order of a court of this state or upon the request of a court of another state, the department of health shall prepare a new birth record consistent with the findings of the court and shall substitute the new record for the original birth record.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Dec 24, 2011, 10:49 AM
    Quote Originally Posted by lost3 View Post
    Ok, saying the court allows the divorce to be finalized, who would be listed as the childs father?
    Assuming that the court is aware of the pregnancy at the time of the hearing. Usually the initial pleadings will allege that the wife is or is not pregnant. If they say she isn't, the court may ask this question at the hearing. But maybe not, in which case the divorce could be final with no mention of the matter. If that be the case, the ex husband would have no duty to pay child support unless someone were to later ask for a support order.

    At the time of birth, the bio father might sign an affidavit of paternity. Otherwise, no father would appear on the BC (assuming mother is no longer married at the time). She would have to go back to court and sue one or the other (or both, in the alternative), for CS.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #11

    Dec 24, 2011, 12:57 PM
    If the court sees the woman as visibly pregnant then the final divorce action can and will be delayed in OHio and every other state.
    Tarajio's Avatar
    Tarajio Posts: 19, Reputation: -6
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    #12

    Dec 25, 2011, 09:05 PM
    Laws are different in different States (I don't know the laws of your State - but you could contact the General Attorney in your State (free) and ask for info about law on this).
    In my State, when a married man is the true biological father of an unborn child - and it can be proven without a doubt that the man is the true biological father (DNA) - then that married man is finacially resposible for that child (because it's his child).
    If the child is born, and the married woman's husband is put on the Birth Certificate, then he will legall be known as the child's father (until proven differently.. again, DNA).
    If the married biological Father WANTS legally rights to the unborn child - he would need to seek legal council and declare that the child IS HIS - and that he wants legal rights, too... ALL OF THIS HAS TO BE DONE LEGALLY IN A COURT OF LAW.
    The biological can have rights if he proves his paternal rights are true (DNA). If DNA proves him to be the real Father, and he steps up to the plate legall, he can get right as the father... just needs it done legall in a Court of Law by a Judge.
    Snu0913's Avatar
    Snu0913 Posts: 1, Reputation: 1
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    #13

    Jan 23, 2013, 09:12 AM
    I am in some what of the same situation. I am married. Me and my husband split last October. He met a female at the place we worked and she is now pregnant. She is also married and their divorce is not final. Can my husbands pregnancy stop my dissilusion.

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