Metairie, LA asked in Family Law and Child Custody for Louisiana

Q: Problems arising after the sudden death of my nephew's ex-wife. Her S.O. is claiming paternity of their youngest child.

My nephew was married and the union produced 2 sons. Rumors @ the time were that the wife was cheating and 2nd son was not my nephew's. Nephew denied above and stated that it didn't matter; he is the father. Nephew's name is listed as father on birth certificate and child carries nephew's last name. About a year after the 2nd son was born, the wife left and moved in with the man rumored to be the 2nd child's father. Nephew and wife divorce finalized about a year after that due to inability to afford legal fees. Ex-wife always publicly stated that both sons were biologically my nephew's. Fast forward 2 years and the ex-wife (who is still residing with and engaged to the man rumored to be the 2nd child's father) dies suddenly. Nephew has always paid child support for both boys. Now, the ex-wife's significant other is claiming to be the father of the 2nd son. He's claiming paternity rights and wants custody. Does he have any rights?

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1 Lawyer Answer
Douglas Lee Bryan
Douglas Lee Bryan
Answered
  • Marksville, LA
  • Licensed in Louisiana

A: The general rule in Louisiana is that a man has one year from the date that he knew or should have known that he was the father to assert his paternity rights. Therefore, under the scenario you've given, your nephew should have a good argument that the "other man" has waited too long to claim paternity. Your nephew should consult with an attorney immediately if his paternity rights are being challenged so that his rights can be protected. I'd be happy to discuss this further with him.

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