Q: Who will the court choose as the legal dad ? A spouse who took care of the child or the biological father who run.
I am legally still married but my spouse and separate in 2013 . I currently gave birth to a child who is not my spouses. My spouse has provided for my son from day after the biological father when awol . After genetic testing confirmed the biological dad a court hearing is set .
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A: More information is needed to answer your question. A child born during a marriage is presumed to be the child of the husband. However, this is a rebuttable presumption and the husband can raise the issue of paternity within 5 years. If the husband is on the birth certificate that can muddy the waters. The biological father could have rights, too. Court would likely give the biological father rights, and a duty to pay support. Husband could seek rights, too, if he has an established relationship with the child. You should consult with an attorney.
A: A child born during the marriage is presumed to be the legal child of the husband. A child is also presumed to be the legal child of the biological father. If both presumptions apply, the court can determine the legal father based on the best interest of the child. The husband may be determined to be the legal father even if he is not the biological father. You should retain an attorney to help you with this complicated situation
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