Q: Husband had a affair with someone who is married. The person got pregnant, and my husband's name is on the birth certif.
Technically, is the child considered his, even though she is/ was married? Is she entitled to child support and what rights does he have? He received an administrative letter from Tallahassee saying a child support case was opened. That was a few months back, have not heard anything since. He has been transferring money monthly into her bank account.
What are our options, any advise?
Thank you.
A: IMO, at best all your husband can do at this point is to sue in a circuit court seeking determination of paternity. That would be a good place to raise the issue of the mother's marriage--although her being married does not automatically mean that your husband is not the child's father. Before doing anything he should seek counsel and ask for assistance.
Stephen Arnold Black agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
