If I'm pregnant with another man's baby, what are husband's rights?
Question Details: I am married with 4 kids; 2 are my husband's. We separated last year and both began seeing other people. I found out that I was pregnant with another man's child 3 months ago. Now my husband and I have decided to get back together. I know that "legally" the child is 'my husband's and he wants to raise child together as his own. What are the ins and outs to my situation? If the father wants a paternity test but we don't, will we be forced to take one? Will the judge give the father rights over my husband?
Your husband is the presumptive father of the child. So... for right now, he has all of the legal rights and duties of any other biological parent.
If this other man decides to file a paternity suit, then the court could find through DNA testing that your husband is not the father and adjudicate the other man as the official, legal father of your child. If this does happen, then your husband will have no legal rights... instead... those rights will be transferred to the other man.
This assumes that something happens soon. There are cases where the real father knows a child is really his and lets another man proceed to act as the father of the child. In these cases, the court can decide to deny the other man paternity on the basis that he has waived his right to assert paternity in a timely manner. The theory is that once the child is emotionally bonded to the presumed parent, it could be emotionally damaging to the child to undo the bond because of the real parent's inactions.
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