question about paternal rights - cougarguard.com — unofficial BYU Cougars / LDS sports, football, basketball forum and message board

MikeWaters · 07-06-2007, 03:02 AM

Say a woman is married and has an affair. She becomes pregnant.

Admits to husband of affair. They reconcile. She has the baby.

It is acknowledged by all that the baby is the offspring of the adulterer.

Does the adulterer have any paternal rights that he can claim?

If he can and does claim them, does he have to pay child support?

YOhio · 07-06-2007, 03:06 AM

I don't practice family law so take it for what it's worth.

Most states have a rebuttable presumption that a child born to a married woman is the child of the husband. The real father has a statutory mandated amount of time to challenge paternity and establish his rights, usually a couple of years. If the court finds that he is the father, he can seek custody or visitation and the mother can seek child support.

Jeff Lebowski · 07-06-2007, 03:07 AM

Good question. I know a guy who found out that his wife was pregnant via his best friend. He forgave her and they kept the baby. Then she dumped him and took off with a different guy. Now he has sole custody of the little girl.

MikeWaters · 07-06-2007, 03:09 AM

Quote:

Originally Posted by Jeff Lebowski

Good question. I know a guy who found out that his wife was pregnant via his best friend. He forgave her and they kept the baby. Then she dumped him and took off with a different guy. Now he has sole custody of the little girl.

Well, assuming he cares for her well, he's a good man.

Jeff Lebowski · 07-06-2007, 03:21 AM

Quote:

Originally Posted by MikeWaters

Well, assuming he cares for her well, he's a good man.

Yes. He certainly is. And she is adorable.

Archaea · 07-06-2007, 04:41 AM

I've looked it up and Y is correct in the way it works, on a state by state basis. The genetic father only has rights if he asserts them during a reasonable time period but once asserted he stands liable for child support.

BigFatMeanie · 07-06-2007, 04:00 PM

Another interesting scenario:

Take the scenario described above only this time the true father never claims parental rights and the husband/boyfriend of the lady that had the affair declares that the child is his.

Later, the couple divorces or otherwise separates. The husband/boyfriend, who originally claimed the child was his when it wasn't, will get stuck with child support payments unless he files for a paternity test to prove that the child wasn't his. The state of Utah has a special form for this. Its official name is something like the "Recission of Paternity Declaration" form but it's commonly referred to as the "I Don't Love Her Anymore" form.

ute4ever · 07-06-2007, 04:18 PM

Quote:

Originally Posted by BigFatMeanie

The husband/boyfriend, who originally claimed the child was his when it wasn't, will get stuck with child support payments

This is true. We read a similar case where the guy voluntarily agreed to support the child that was not his, and the mother relied on his contribution, thus he was stuck with the "contract."

Judges tend to put more weight on the best interest of the child and that the child receives her care, than on who technically impregnated who.

MikeWaters · 07-06-2007, 04:21 PM

There was a case in Texas, where a man found out that none of his three kids were his. He filed for divorce, and said that he should not be responsible for child support because the kids were not his. Court ruled against him.

Kids were the losers in this. They lost their dad. I think all 3 kids had different fathers.

07-06-2007, 03:02 AM	#1
MikeWaters Demiurge Join Date: Aug 2005 Posts: 36,365	question about paternal rights Say a woman is married and has an affair. She becomes pregnant. Admits to husband of affair. They reconcile. She has the baby. It is acknowledged by all that the baby is the offspring of the adulterer. Does the adulterer have any paternal rights that he can claim? If he can and does claim them, does he have to pay child support?

07-06-2007, 03:07 AM	#3
Jeff Lebowski Charon Join Date: Jan 2006 Location: In the heart of darkness (Provo) Posts: 9,564	Good question. I know a guy who found out that his wife was pregnant via his best friend. He forgave her and they kept the baby. Then she dumped him and took off with a different guy. Now he has sole custody of the little girl. __________________ "... the arc of the universe is long but it bends toward justice." Martin Luther King, Jr.

07-06-2007, 04:41 AM	#6
Archaea Assistant to the Regional Manager Join Date: Aug 2005 Location: The Orgasmatron Posts: 24,338	I've looked it up and Y is correct in the way it works, on a state by state basis. The genetic father only has rights if he asserts them during a reasonable time period but once asserted he stands liable for child support. __________________ Ἓν οἶδα ὅτι οὐδὲν οἶδα

07-06-2007, 03:06 AM	#2
YOhio AKA SeattleNewt Join Date: Jan 2006 Posts: 7,055	I don't practice family law so take it for what it's worth. Most states have a rebuttable presumption that a child born to a married woman is the child of the husband. The real father has a statutory mandated amount of time to challenge paternity and establish his rights, usually a couple of years. If the court finds that he is the father, he can seek custody or visitation and the mother can seek child support.

07-06-2007, 04:00 PM	#7
BigFatMeanie Senior Member Join Date: Jul 2006 Location: South Jordan Posts: 1,725	Another interesting scenario: Take the scenario described above only this time the true father never claims parental rights and the husband/boyfriend of the lady that had the affair declares that the child is his. Later, the couple divorces or otherwise separates. The husband/boyfriend, who originally claimed the child was his when it wasn't, will get stuck with child support payments unless he files for a paternity test to prove that the child wasn't his. The state of Utah has a special form for this. Its official name is something like the "Recission of Paternity Declaration" form but it's commonly referred to as the "I Don't Love Her Anymore" form.

07-06-2007, 04:21 PM	#9
MikeWaters Demiurge Join Date: Aug 2005 Posts: 36,365	There was a case in Texas, where a man found out that none of his three kids were his. He filed for divorce, and said that he should not be responsible for child support because the kids were not his. Court ruled against him. Kids were the losers in this. They lost their dad. I think all 3 kids had different fathers.