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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 jdeval1
Posted on 12/28/17 at 4:07 pm to jdeval1
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 on 12/28/17 at 4:07 pm to dcrews
This is true and he needs a lawyer to disavow custody.
Posted on 12/28/17 at 4:08 pm to dcrews
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 on 12/28/17 at 4:08 pm to slackster
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 on 12/28/17 at 4:09 pm to el Gaucho
And by great grandfather she meant...
JK
JK
Posted on 12/28/17 at 4:10 pm to dcrews
That black baby needs a father too baw
Posted on 12/28/17 at 4:11 pm to dcrews
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 on 12/28/17 at 4:11 pm to dcrews
Yep. Men getting screwed over. Imagine that
This post was edited on 12/28/17 at 4:12 pm
Posted on 12/28/17 at 4:12 pm to idlewatcher
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 on 12/28/17 at 4:13 pm to dcrews
So I can knock up my neighbors wife and he’s stuck with the bill?
Posted on 12/28/17 at 4:14 pm to slackster
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 on 12/28/17 at 4:14 pm to slackster
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 on 12/28/17 at 4:15 pm to dcrews
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.
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 on 12/28/17 at 4:16 pm to Lou
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 on 12/28/17 at 4:17 pm to Fight4LSU
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 on 12/28/17 at 4:21 pm to dcrews
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 on 12/28/17 at 4:21 pm to dcrews
If that's true, then Owlie is gay.
Posted on 12/28/17 at 4:21 pm to dcrews
This post was edited on 12/28/17 at 4:24 pm
Posted on 12/28/17 at 4:21 pm to dcrews
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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