Q: Is my husband legally responsible for child support if we are separated and he isn't the biological father?
I have two children, ages 7 and almost 5, who may not be biologically my husband’s, although he knew this when they were born. He was present at their birth, gave them his last name, and later put his name on their birth certificates before we were married. We have been together for 8 years. We are now separated, and despite him being financially supportive and claiming them on taxes, his family is questioning his legal responsibility. No orders about paternity have been issued. Is he legally responsible for child support and other obligations in South Carolina?
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A:
In South Carolina, because your husband voluntarily acknowledged paternity by putting his name on the children's birth certificates and has acted consistently as their father, he is presumed legally responsible. The fact that he knew there might be uncertainty about biological paternity yet continued to support and claim them as his own strengthens the legal presumption that he's the father.
Unless he takes formal legal action to challenge paternity through the court system—typically requiring DNA testing and a judge's decision—he remains legally obligated to support your children. Courts often prioritize the children's best interests, emphasizing stability and maintaining the parent-child relationship that has been established.
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