Child Conceived from Affair

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britneyloftis

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I have a one year old daughter that was concieved from an affair while my husband and I were separated. At the time I found out I was pregnant I was living with the childs biological father. We lived together for about 1 and 1/2 months after I found out about the pregnancy and he walked out. Until about a week ago he has wanted nothing to do with her. Now he wants a DNA test and to be a part of her life. The twist is that my husband and I got bak together and he has raised her a supported her through my whole pregnancy. I just want to know what rights my husband and the biological father have to her.
 
Bio Dad has the right to seek paternity test and if Father a right to be in her life. I will assume you listed hubby as Father? That was fraud. Once Bio Dad establishes paternity he has right to change Birth certificate
 
Your husband is the legal father of the child in most states. It depends on what state you are in and what the law is to dispute paternity. If this other guy takes it to court and is granted a DNA tedt there may be nothing you can do. It is really big of your husdand to raise a child that was the result of an affair. Not many guys woudl do this. Your husband also needs to know that if he is stuck being the legal father here, if you guys divorce, he will be paying child support for a child that is not his.
 
Hey thanks for your response. The circumstances are this: my husband did sign the birth certificate and has been there from day one, the bio dad walked out after finding out that i was pregnant and has wanted nothing to do with my daughter, he in fact told me to have an abortion and it was stated on several occasions for me to "go home and let daniel(my husband) be her father, she would have a better life". I actually had to contact him about an upcoming paternity test ( I am a student and was seking government ass. until I found a job, which i have done, i had to put both dads on child support and legally prove paternity) the bio dad has a pattern of drug use and does not having any rights to his son from another relationship,he has walked in and out of his sons life , he does not have a stable home and his life is completley upside down. On the other hand my husband and i are seperated yes but he still has a a home and both girls have their own room a stable job and has never done drugs he is a very stable person and a great dad. i was told that sc family law reads that becouse i was married at the time of conception that my husband was considered father (i know this to be fact my mom just went through this, i have no leaglly give bio dad any rights or been offered child support from his at this point), i was also told that the bio dad had to step up wihtin the first 6 months of her life to have any rights and yet again he did not i just dont know what to do
 
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