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

Posted on 12/28/17 at 4:24 pm to
Posted by stewie
Member since Jan 2006
3952 posts
Posted on 12/28/17 at 4:24 pm to
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 by Lou
Modesto, CA
Member since Aug 2005
8290 posts
Posted on 12/28/17 at 4:25 pm to
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.
This post was edited on 12/28/17 at 4:35 pm
Posted by swamplynx
Lake Chuck
Member since Oct 2014
1240 posts
Posted on 12/28/17 at 4:27 pm to
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.
Posted by LZ83
La
Member since Sep 2016
17406 posts
Posted on 12/28/17 at 4:28 pm to
It’s who ever is on the birth certificate.
Posted by TimeOutdoors
AK
Member since Sep 2014
12123 posts
Posted on 12/28/17 at 4:29 pm to
This is why I only date married women. Sorry, couldn't resist.
Posted by MontyFranklyn
T-Town
Member since Jan 2012
23832 posts
Posted on 12/28/17 at 4:31 pm to
quote:

Your fricked.
And so was his wife
Posted by swamplynx
Lake Chuck
Member since Oct 2014
1240 posts
Posted on 12/28/17 at 4:31 pm to
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 by Lou Pai
Member since Dec 2014
28149 posts
Posted on 12/28/17 at 4:35 pm to
quote:

tigers win2


Money board question for you
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 12/28/17 at 4:37 pm to
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 by momentoftruth87
Member since Oct 2013
71598 posts
Posted on 12/28/17 at 4:38 pm to
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.
Posted by VooDude
Member since Aug 2017
1092 posts
Posted on 12/28/17 at 4:38 pm to
This is just another reason why the best investment a man can make in life is a vasectomy.
Posted by Marlbud
Member since Jun 2017
964 posts
Posted on 12/28/17 at 4:45 pm to
Did you share her or did she slip out on ya?
Posted by dcrews
Houston, TX
Member since Feb 2011
30223 posts
Posted on 12/28/17 at 4:49 pm to
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 by Volvagia
Fort Worth
Member since Mar 2006
51915 posts
Posted on 12/28/17 at 4:55 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.


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 by mdomingue
Lafayette, LA
Member since Nov 2010
30710 posts
Posted on 12/28/17 at 4:55 pm to
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.
Posted by bayourougebengal
Member since Mar 2008
7193 posts
Posted on 12/28/17 at 5:03 pm to
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 by swamplynx
Lake Chuck
Member since Oct 2014
1240 posts
Posted on 12/28/17 at 5:11 pm to
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 by thebigmuffaletta
Member since Aug 2017
12997 posts
Posted on 12/28/17 at 5:13 pm to
He's right. I think you can contest it but you only have so much time.
Posted by Azkiger
Member since Nov 2016
21789 posts
Posted on 12/28/17 at 5:22 pm to
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 by NorthshoreTiger76
Pelicans, Saints, & LSU Fan
Member since May 2009
80199 posts
Posted on 12/28/17 at 5:59 pm to
Yep it is true happened to me.
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