If you are married and you have another child with another man. And you know who the father is of that child. Is the man your married to responsible for that child until he is 18 years old? I heard something along the lines that the man your married to is responsible for that child because she is married to him.

Hello R:

Nope. The father of the child is responsible- not the poor husband.

excon

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Originally Posted by excon

Hello R:

Nope. The father of the child is responsible- not the poor husband.

excon

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You left out the word "unsuspecting," as in "not the poor UNSUSPECTING husband."

Otherwise - yes. The FATHER is responsible.

Don't some states have a law that the presumption is that the husband is the presumptive father of any children born in the marriage? Which is why you get those divorce cases where DNA testing proves that the husband isn't the bio-father, but he still is the legal father, and has to pay child support?

Of course, the question here is whether the bio-father is wanting to be part of his kid's life or not. Is this a wife trying to hide an extramarital affair, or one who wants to be open about it?

Am not a lawyer but from my understanding from friends- if a mother is married and becomes pregnant, then the presumed father of the child is her husband, even if they are separated and until there is a paternity action or agreed paternity filed the husband is responsible for the child until he/she is 18. If the husband and the other man agree, they can file an agree paternity affadavit which will state that the husband agrees he is not the father and the other man will state he is and it would be notarized and filed with the court. That would hold the other man responsible for the child and child support. If they are in disagreement then one of them would have to file an establishment of paternity with the courts and then testing would be involved in establishing the father. It is important to establish who the real father is because if the other man is the father, he does have rights to his child. If he doesn't want to be responsible and the husband does, then there are other court actions like adoption, etc. Just to add you need to be honest with your husband because it is unfair to him. Also, what state do you live in.

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Originally Posted by froggy7

Don't some states have a law that the presumption is that the husband is the presumptive father of any children born in the marriage? Which is why you get those divorce cases where DNA testing proves that the husband isn't the bio-father, but he still is the legal father, and has to pay child support?

Of course, the question here is whether the bio-father is wanting to be part of his kid's life or not. Is this a wife trying to hide an extramarital affair, or one who wants to be open about it?

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There are many factors here which the OP didn't ask about. If the husband suspects, certainly he should ask for DNA testing. If the "other man" wants to be the father, he should request DNA testing.

I think the mother should request it in any case because situations like these tend to explode.

And, yes, the husband - by virtue of the marriage - is the presumptive father. I have no idea why the husband would have to pay support if the identity of the biological father is determined but perhaps someone has knowledge about this.

Liz is generally correct. The key here is that the husband accepts paternity by sgning the birth certificate.

The person responsible for supporting the child is the LEGAL father, not the biological father. The legal father is presumed to be the husband, unless challenged.

Yes, if the husband accepts responsilbity, he can be held liable, and in some places if he does not challenge it within enough years, he may be stuck.

But both the real father, who can challenge this, or the husband can all challenge if it they have reason to