Aurora, CO asked in Child Custody and Family Law for Colorado

Q: If my wife has a baby by another man, who is the legal father? Can the biological father claim legal guardianship?

We are not sure who the father is, but either way, we want to raise the baby as mine. Does the other alleged father have the right to demand a paternity test? If it is his, would he have the right to claim custody and strip me of legal guardianship?

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1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: You are presumed to be the legal father since the child is born to your wife. The other man can file a paternity action and request a paternity test. If he is determined to be the biological father, the court can decide which of you is the legal father, taking into consideration the best interest of the child.

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