I want my son

daviclay123

New Member
Jurisdiction
Oregon
Hi everyone,
I'm in a divorce battle with my wife. We have a 8 year-old son and now we're fighting over his custody. She wants him. She told me I wouldn't win this because my son is not mine, meaning I'm not his biological father.
But I don't care about that, I raise the child, he's mine.
What should I do if the DNA proves her right?
 
She told me I wouldn't win this because my son is not mine, meaning I'm not his biological father.
But I don't care about that, I raise the child, he's mine.
What should I do if the DNA proves her right?

To elaborate on the prior response...it is the law in every state that, when a child is born to a married woman, the woman's husband is presumed to be the father (some states -- and it appears that Oregon is not one of them -- require that, for the presumption to apply, the husband and wife must be cohabitating at the time of birth or, more logically, the time of conception). This presumption can be rebutted, but only for a limited time after the child is born. It appears that the applicable time limit in Oregon is one year after the actual or constructive discovery of the facts on which the challenge is based.

In the case of a potential challenge by the mother based on the possibility that another man might be the biological father, eight years is way too long. The mother obviously knew at all times if she had multiple sexual partners around the time of conception.

Of course, if you weren't married at the time of birth or conception, then that changes things significantly.

If you post further, please let us know if you and/or your wife are represented by counsel.
 
What should I do if the DNA proves her right?


This is very complicated, especially if the DNA proves that you aren't the biological father.

Why?

Because the genetic material father could appear and begin the legal process to inject himself and his wishes into the picture.

I suggest you wait until the DNA results confirm the truth, are you the male male who impregnated the woman????

During divorces it isn't uncommon for each party to say hurtful things.

The good news for you, as @zddoodah wrote, you are the putative father by virtue of marriage.

Will the DNA say otherwise?

You'll learn that answer in a couple of days.

Once you do, you are the sperm donor, as well as the putative father.

For the moment, proceed with your divorce, and await the paternity test.

Speculating, wondering, "what iffing" does nothing for you.

For the present, simply proceed with the divorce knowing that law names you the putative father.
 
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