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Message
re: Wife having a child while married that isn't yours
Posted on 12/28/17 at 4:24 pm to kingbob
Posted on 12/28/17 at 4:24 pm to kingbob
quote:
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.
As mentioned, the timing of knew or should have known the baby isn't yours is a very tricky hurdle. From what I understand, the father has to basically prove the mother was trying to conceal the biological father's true identity.
Additionally, the child's best interest will weigh heavy on the judge.
This post was edited on 12/28/17 at 4:26 pm
Posted on 12/28/17 at 4:25 pm to lsufan112001
The courts first priority is the welfare of the child - at least that's the position they claim they are taking. Meaning, it's a greater tragedy for a child to suffer than a non-biological father to pay child support. Oddly enough, the court doesn't mandate that the mother itemize the money spent directly on the child to verify that the child is being cared for.
I am no a lawyer, this is just my limited knowledge of what I have read and discussed with those in the legal profession. Any true lawyers feel free to correct me if wrong and I will gladly retract my statement.
One last thing, if this thread pisses you off, watch "The Red Pill" on Netflix. It's chock full of examples how men get shafted when it comes to parental and domestic rights.
I am no a lawyer, this is just my limited knowledge of what I have read and discussed with those in the legal profession. Any true lawyers feel free to correct me if wrong and I will gladly retract my statement.
One last thing, if this thread pisses you off, watch "The Red Pill" on Netflix. It's chock full of examples how men get shafted when it comes to parental and domestic rights.
This post was edited on 12/28/17 at 4:35 pm
Posted on 12/28/17 at 4:27 pm to dcrews
Sorry, your coworker knocked your wife up while he was cucking you. You better lawyer up, baw. You only got a year from the child being born to disavow that kid.
But as most of the conversations on this issue go, believe what you want, I'm just a guy who does this for living.
But as most of the conversations on this issue go, believe what you want, I'm just a guy who does this for living.
Posted on 12/28/17 at 4:28 pm to dcrews
It’s who ever is on the birth certificate.
Posted on 12/28/17 at 4:29 pm to dcrews
This is why I only date married women. Sorry, couldn't resist.
Posted on 12/28/17 at 4:31 pm to AtticusOSullivan
quote:And so was his wife
Your fricked.
Posted on 12/28/17 at 4:31 pm to LZ83
quote:
It’s who ever is on the birth certificate.
You'd be surprised. The law actually allows for a child to have two dads, the legal father and biological father, that the mother could actually get support from. I haven't seen it yet, but theoretically the court could order it.
Just because legal dad is on the hook doesn't mean bio dad gets off (lol) scott free.
Posted on 12/28/17 at 4:35 pm to tigers win2
quote:
tigers win2
Money board question for you
Posted on 12/28/17 at 4:37 pm to cwill
quote:
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. Nope.
Granted you have to go and disavow, but if you know its not like you are locked in....but who would stay married and not disavow in such a situation? Jesus frick people.
Posted on 12/28/17 at 4:38 pm to dcrews
I have a friend that had this happen to him.
Had kid, he had no idea. She got "raped" by this guy after kid was born. Well turned out that she got "raped" before as well.
Found out kid was not his through paternity test. They split up and she went to dude who "raped" her.
Had kid, he had no idea. She got "raped" by this guy after kid was born. Well turned out that she got "raped" before as well.
Found out kid was not his through paternity test. They split up and she went to dude who "raped" her.
Posted on 12/28/17 at 4:38 pm to dcrews
This is just another reason why the best investment a man can make in life is a vasectomy.
Posted on 12/28/17 at 4:45 pm to dcrews
Did you share her or did she slip out on ya?
Posted on 12/28/17 at 4:49 pm to Marlbud
quote:
Did you share her or did she slip out on ya?
Nah, I'm not married and have no desire to be anytime soon. Definitely don't want kids, so if this happened it would be a welcomed surprise
Posted on 12/28/17 at 4:55 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.
There is definitely precedent to this.
Things get murky the second you sign a birth certificate. It gets regarded as a legal document of you accepting parentage regardless of biological descent.
And things get locked if you provided for the child for years before finding out it isn't yours.
The icing on the cake is when the judge rules that you have to pay child support but you have no right to claim visitation because after all, they aren't your child.
Its not a given, but yes, the system can be that slanted against you.
Posted on 12/28/17 at 4:55 pm to dcrews
In Louisiana, that is correct (or at least it was) for a period up to a certain time, I think it's six months, after a divorce.
Had a family member have to seal with this. It's an effort to protect the interest of a child from a parent trying to manipulate a situation. DNA results can be used to change paternity.
Had a family member have to seal with this. It's an effort to protect the interest of a child from a parent trying to manipulate a situation. DNA results can be used to change paternity.
Posted on 12/28/17 at 5:03 pm to dcrews
quote:
if your wife gets pregnant while the two of you are married and has the baby while the two of you are married
I had a vasectomy over 10 years ago. If she gets pregnant, she won't be married to me when she has the baby.
Posted on 12/28/17 at 5:11 pm to bayourougebengal
quote:
I had a vasectomy over 10 years ago. If she gets pregnant, she won't be married to me when she has the baby.
If the baby is born 300 days within the end of the marriage it is still presumed the husband's.
Posted on 12/28/17 at 5:13 pm to dcrews
He's right. I think you can contest it but you only have so much time.
Posted on 12/28/17 at 5:22 pm to stewie
quote:
Additionally, the child's best interest will weigh heavy on the judge.
This, this is probably one of the biggest factors. If you know about it and divorce her prior to birth I don't see any reason you'd be on the hook. If its a 5 year old calling you "daddy" when you realize its not yours, its a different ballgame.
Posted on 12/28/17 at 5:59 pm to dcrews
Yep it is true happened to me.
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