Married woman has baby by another man

[Sarah Lynn]

What is the name of your state (only U.S. law)?

 

[Sarah Lynn]

Married woman has another man's child

Previous to our relationship, my fiancé unknowing slept with a married woman. Yesterday he learned that the woman had a baby of which he is the biological father and the woman is now divorced. Though her ex-husband signed the birth certificate. My questions: What are the legal responsibilities of the husband? What would be the legal repercussions if my fiancé changes the baby's last name? What is the outcome for the ex-husband if my fiancé and the child's mother share custody?

 

[Silverplum]

Previous to our relationship, my fiancé unknowing slept with a married woman. Yesterday he learned that the woman had a baby of which he is the biological father and the woman is now divorced. Though her ex-husband signed the birth certificate. My questions: What are the legal responsibilities of the husband? What would be the legal repercussions if my fiancé changes the baby's last name? What is the outcome for the ex-husband if my fiancé and the child's mother share custody?

Messy, isn't it?

Google custody/child support/paternity and disestablishment of paternity for the child's state and find out.

 

[Zigner]

Previous to our relationship, my fiancé unknowing slept with a married woman. Yesterday he learned that the woman had a baby of which he is the biological father and the woman is now divorced. Though her ex-husband signed the birth certificate. My questions: What are the legal responsibilities of the husband? What would be the legal repercussions if my fiancé changes the baby's last name? What is the outcome for the ex-husband if my fiancé and the child's mother share custody?

How did he not know he was sleeping with her?

 

[TheGeekess]

Previous to our relationship, my fiancé unknowing slept with a married woman. Yesterday he learned that the woman had a baby of which he is the biological father and the woman is now divorced. Though her ex-husband signed the birth certificate. My questions: What are the legal responsibilities of the husband? What would be the legal repercussions if my fiancé changes the baby's last name? What is the outcome for the ex-husband if my fiancé and the child's mother share custody?

Depends on what US state this happened in.
If Legal Dad did not disestablish paternity with the divorce, then your fiancé isn't Dad and isn't entitled to diddly-squat in regards to the child.

 

[Proserpina]

Previous to our relationship, my fiancé unknowing slept with a married woman. Yesterday he learned that the woman had a baby of which he is the biological father and the woman is now divorced. Though her ex-husband signed the birth certificate. My questions: What are the legal responsibilities of the husband? What would be the legal repercussions if my fiancé changes the baby's last name? What is the outcome for the ex-husband if my fiancé and the child's mother share custody?

(What gives you the idea your fiance can change the child's name?)

Because I'm in such a magnanimous mood today, I'll save us all some time here, shall I?

IF the court allows your fiance to challenge the (ex) husband's paternity, and your fiance turns out to be the father, and the court decides that it's in the best interests of the child to disestablish the husband's paternity after the results are in, your fiance can file for an enforceable visitation plan and he'll be paying child support if it's ordered.

Of course, there are many "ands" going along with that "IF" and it is by no means a given that your fiance will ever become the child's legal father. Unless of course y'all live in a state which allows adult adoption.

As far as the husband goes, IF all of that happens then Mom can still allow him to partially raise the child; your fiance might be the father, but this guy has been playing Daddy for at least some time and she just might let him remain that way in kind if nothing else.

There are of course variables between the states, but the above applies to all 50 in some way, shape or form.