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re: Wife having a child while married that isn't yours

Posted on 12/28/17 at 4:07 pm to
Posted by tigers win2
Baton Rouge
Member since Oct 2009
3844 posts
Posted on 12/28/17 at 4:07 pm to
quote:

don't think that's true. A paternity test could clear that up and prove she cheated.


In a recent article I read, even after a paternity test proved the child was not the father's child; he was still on the hook for child support. Maybe due to being listed on or signing birth certificate. Don't remember the exact reasoning.
Posted by DavidTheGnome
Monroe
Member since Apr 2015
29372 posts
Posted on 12/28/17 at 4:07 pm to
This is true and he needs a lawyer to disavow custody.
Posted by el Gaucho
He/They
Member since Dec 2010
53425 posts
Posted on 12/28/17 at 4:08 pm to
When my kid was born he didn't look like me and I was hesitant to sign the birth certificate but then my wife said her great grandfather was Italian and that's why he looks that way. It's crazy how genetics works!
Posted by idlewatcher
County Jail
Member since Jan 2012
79615 posts
Posted on 12/28/17 at 4:08 pm to
quote:

Yeah, but the OP sounds like he's talking about knowing a kid isn't yours before it is born.


Nowhere in the OP doesn't presumption even make an appearance baw

quote:

Raising a kid that you thought was yours is a different story.


Yup, my OKC story says the same.
Posted by zeebo
Hammond
Member since Jan 2008
5218 posts
Posted on 12/28/17 at 4:09 pm to
And by great grandfather she meant...




JK
Posted by Upperdecker
St. George, LA
Member since Nov 2014
30669 posts
Posted on 12/28/17 at 4:10 pm to
That black baby needs a father too baw
Posted by Havoc
Member since Nov 2015
28960 posts
Posted on 12/28/17 at 4:11 pm to
quote:

One of my coworkers is swearing up and down that if your wife gets pregnant while the two of you are married and has the baby while the two of you are married, that you are still legally considered the father and are still responsible for that child (in Louisiana) even if you are not the biological father.


It's a rebuttable presumption. I recall the time issue is tricky.
Posted by danilo
Member since Nov 2008
20460 posts
Posted on 12/28/17 at 4:11 pm to
Yep. Men getting screwed over. Imagine that
This post was edited on 12/28/17 at 4:12 pm
Posted by Lou
Modesto, CA
Member since Aug 2005
8294 posts
Posted on 12/28/17 at 4:12 pm to
Generally speaking, that is true. Case in point - a lady knew a man was not the father, but wrote his name on the birth certificate anyway, and that was good enough for the courts.

LINK
Posted by slackster
Houston
Member since Mar 2009
85475 posts
Posted on 12/28/17 at 4:12 pm to
quote:

Nowhere in the OP doesn't presumption even make an appearance baw




, the way I took his OP, I thought he meant you were on the hook for child support from birth if you're married when she has the child. I've read about many cases where the child support sticks to you after a few years though, similar to your Oklahoma story.
Posted by Fight4LSU
Kenner
Member since Jul 2005
9772 posts
Posted on 12/28/17 at 4:13 pm to
So I can knock up my neighbors wife and he’s stuck with the bill?
Posted by dcrews
Houston, TX
Member since Feb 2011
30237 posts
Posted on 12/28/17 at 4:14 pm to
quote:

Yeah, but the OP sounds like he's talking about knowing a kid isn't yours before it is born.


The discussion came up when my coworker was telling a story about how the police were called to the hospital he and his wife were in when their son was born.

Apparently a white couple was there for the birth of their child, but when the child was born, it became clear that his wife had cheated on him with a black man.

My coworker then made the comment that the child is legally still considered his (the white guy who was being restrained after finding out his wife obviously cheated on him).

Assuming you don't sign the birth certificate and you take a paternity test, I can't see how a man can be held legally responsible for being that child's father just because you are married to that woman.
Posted by lsufan112001
sportsmans paradise
Member since Oct 2006
10759 posts
Posted on 12/28/17 at 4:14 pm to
Adultery should take precedent, it all should start from there, legal wise. If I had to guess.....
This post was edited on 12/28/17 at 4:15 pm
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67274 posts
Posted on 12/28/17 at 4:15 pm to
You are presumed the father, but that presumption can be rebutted by evidence, such as a paternity test. It's called a disavowel action. You have 1 year from when you knew or should have known the baby was not yours to file it. Until a judge rules in favor of the disavowel action, the child is still presumed to be yours and entitled to all of those rights and priveleges, and you, as the father, are subject to all of those responsibilities.

On the flip side, there are situations where this can work in your favor. For example: your "son" is a potential plaintiff in a valuable tort suit. Until someone else can prove by clear and convincing evidence that they are the father, you have control over the minor child's finances, including any potential windfalls.
This post was edited on 12/28/17 at 4:19 pm
Posted by slackster
Houston
Member since Mar 2009
85475 posts
Posted on 12/28/17 at 4:16 pm to
quote:

Generally speaking, that is true. Case in point - a lady knew a man was not the father, but wrote his name on the birth certificate anyway, and that was good enough for the courts.



It's a little more involved than that, but yeah, if you miss the paternity hearing and don't get DNA evidence to prove otherwise, you could be fricked.
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17460 posts
Posted on 12/28/17 at 4:17 pm to
quote:

So I can knock up my neighbors wife and he’s stuck with the bill?


Be careful there baw. One of my ex gf's never got over me and named her 1st born male after me, right in her husband's face after they agreed to name it something else. The husband/father ended up married to her sister.

Posted by Breesus
House of the Rising Sun
Member since Jan 2010
67023 posts
Posted on 12/28/17 at 4:21 pm to
quote:

One of my coworkers is swearing up and down that if your wife gets pregnant while the two of you are married and has the baby while the two of you are married, that you are still legally considered the father and are still responsible for that child (in Louisiana) even if you are not the biological father.



That's legally correct. The man would have to go to court and get a paternity test to prove he's not the father and rebut the presumption.
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41893 posts
Posted on 12/28/17 at 4:21 pm to
If that's true, then Owlie is gay.
Posted by olgoi khorkhoi
priapism survivor
Member since May 2011
14927 posts
Posted on 12/28/17 at 4:21 pm to
This post was edited on 12/28/17 at 4:24 pm
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
34259 posts
Posted on 12/28/17 at 4:21 pm to
I've heard of the courts deciding someone is the best person to raise the kid even if it isn't theirs. That being said, there is no shortage of men in this state rushing to take care of some deadbeat's kid because that girl is all they think they can get
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