6 month old baby boy with a married woman

[ketchup]

Jurisdiction

South Carolina

I Had a son on July 7th of this year. I had a relationship with his mother who I find out Later is married. she brought him to see me a few times and allowed me to pick him up for the weekend. we had a non court admissible DNA test done that came back positive. now she is doing well with her husband again and won't let me see my son anymore. is there anyway I can get legal paternity establish and get rights?

 

[adjusterjack]

Sure, you can hire a lawyer and go to court. I can't guarantee success but I can guarantee that you'll pay a lawyer many thousands of dollars.

Does her husband know that the baby is yours?

Is his name on the birth certificate?

 

[ketchup]

yes and yes.

 

[adjusterjack]

At this point, then, you have no rights because the man on the birth certificate is legally the child's father which, by the way, absolves you of any obligation to pay child support.

If you even remotely expect to get anywhere you'd be wise to enlist the aid of an attorney. How much you want to spend on litigation depends on how much this child means to you.

 

[Betty3]

This will all have to be handled through the court system. Good luck.

 

[army judge]

I Had a son on July 7th of this year. I had a relationship with his mother who I find out Later is married. she brought him to see me a few times and allowed me to pick him up for the weekend. we had a non court admissible DNA test done that came back positive. now she is doing well with her husband again and won't let me see my son anymore. is there anyway I can get legal paternity establish and get rights?

Okay, OP, the law in SC says that if a married WOMAN were to become impregnated by a man, NOT her husband; her husband is the PUTATIVE father without doing anything further.

He'd also be the putative father, even if, your name were on the baby's birth certificate.

The allegation that her husband's name is on the child's birth certificate is meaningless. As I said above, he's the PUTATIVE father anyway.

The FACT that the woman you bedded was wedded to another man, trumps any claims you have AT THE MOMENT.

You need to consult a domestic relations, family, or divorce lawyer to ascertain how you could proceed if you wish to challenge her husband's PUTATIVE parentage.

On the other hand, you bear no legal responsibility to support the child.

If you take the matter to court, prove yourself tone the father, you'll also encumber yourself with the legal responsibility to support the baby for the next 18 years.


SC has some very rigid laws regarding domestic relations.
Some consider the laws extreme.
I won't sy that,but you might after you've talked with three to six lawyers.
The initial visit is very offered gratis.
It's a great way to educate yourself.
You'll need a lawyer, especially if her husband sues YOU.

Learn About Paternity Laws In South Carolina


Paternity in South Carolina: How to Establish & Benefits | DivorceNet.com



How a man establshes paternity in South Carolina?

In South Carolina, a man is presumed to be the father of any child born as a result of his marriage to his wife.

Determining paternity for children born outside of a marriage is a little more complicated.

You must bring an action to declare or determine paternity among limited parties, including the person claiming to be the father of the child, the natural mother of the child, the child him/herself, the husband of the woman (if mom is married), or DSS (the Department of Social Services).

The law says that having sexual intercourse in the State of South Carolina will subject the father to South Carolina's jurisdiction. So, even in the case of a "one night stand," the mother can bring an action for paternity and child support in South Carolina regardless of whether the father lives in another state.

Okay, make those legal appointments and prepare for what could come raining down upon you.

As I indicated, marital and custody laws in SC are tough, very tough.
More than likely DIVORCE is in the woman's future, as most husband's divorce cheating spouses.

Wives, on the other hand, appear to be far more tolerant of such hijinks and shenanigans!

Happy New Year, mate.

 

[ketchup]

thanks everyone. yea I knew I'd need a gd attorney. I can't afford one alone, at least more than a couple grand. luckily my mom, the child's grandmother is the one wanting to hire one. her pockets are a lot deeper. my mom and I both agree if she wasn't gonna let us b in his life she never should have brought him around. I'm hoping that will help you case. also the DNA test. the girl has also made claims of the husband being resentful to him and only using him as revenge by keeping him from me. luckily I have the time and motivation to see this to the end. her husband is a strung out meth addict and I think she is too now. so dss might be involved and may be what opens doors for me.