Mom Pregnant Before Marriage by Someone Else - Can Bio Dad Claim The Child Now?

[sandyclaus]

What is the name of your state (only U.S. law)? Unknown at this time, but will provide as soon as I have it (it may not even be relevant)

I know that a child born during a marriage is assumed to be the offspring of the husband for paternity purposes. Is there ever an exception?

The question involves a woman who became pregnant with the child several months before she married. The father did not want anything to do with the child, and kicked the mother out of his home when she was 3 months along. Two months later (at 5 months pregnant), she met the man she later married. The child was born after the marriage took place, and the woman knowingly named her husband as the father on the birth certificate instead of the man she knew to be the actual biological father. In fact, she never informed the biological father that the child was born at all.

Mom is concerned that the father, who has since learned that he has a child (now 13 years old), may come after her to seek custody and/or visitation rights with the child. Is there any exception to the question of paternity when the mother was pregnant BEFORE the marriage took place, and BEFORE she even met the husband? Given that the mother falsified the birth certificate when she named her husband, does that give the biological father a way to assert his parental rights to this child?

 

[Proserpina]

What is the name of your state (only U.S. law)? Unknown at this time, but will provide as soon as I have it (it may not even be relevant)

I know that a child born during a marriage is assumed to be the offspring of the husband for paternity purposes. Is there ever an exception?

The question involves a woman who became pregnant with the child several months before she married. The father did not want anything to do with the child, and kicked the mother out of his home when she was 3 months along. Two months later (at 5 months pregnant), she met the man she later married. The child was born after the marriage took place, and the woman knowingly named her husband as the father on the birth certificate instead of the man she knew to be the actual biological father. In fact, she never informed the biological father that the child was born at all.

Mom is concerned that the father, who has since learned that he has a child (now 13 years old), may come after her to seek custody and/or visitation rights with the child. Is there any exception to the question of paternity when the mother was pregnant BEFORE the marriage took place, and BEFORE she even met the husband? Given that the mother falsified the birth certificate when she named her husband, does that give the biological father a way to assert his parental rights to this child?

She didn't necessarily falsify the birth certificate - as a general rule, the husband is automatically the presumed father.

Without knowing the State, it's difficult to comment further. Most of the time though, after 13 years it would not be deemed to be in the child's best interest to have the legal father disestablished.

With that said, there is obviously deceit at play here which can change things dramatically.

 

[sandyclaus]

She didn't necessarily falsify the birth certificate - as a general rule, the husband is automatically the presumed father.

Without knowing the State, it's difficult to comment further. Most of the time though, after 13 years it would not be deemed to be in the child's best interest to have the legal father disestablished.

With that said, there is obviously deceit at play here which can change things dramatically.

Yes. I'm well aware of the general rule. The concern here is the obvious deceit on the part of the mother in intentionally hiding the child from it's biological father. She assumed that since the father didn't express an interest in the child and kicked her out of his home, that he didn't DESERVE to have any rights to the child once he was born.

Just found out that the state is GEORGIA.

 

[Proserpina]

Yes. I'm well aware of the general rule. The concern here is the obvious deceit on the part of the mother in intentionally hiding the child from it's biological father. She assumed that since the father didn't express an interest in the child and kicked her out of his home, that he didn't DESERVE to have any rights to the child once he was born.

Just found out that the state is GEORGIA.

If he wants paternal rights, he's going to have an uphill battle. He does share some responsibility here - he knew she was pregnant.

Are Mom and Dad still married?

 

[sandyclaus]

If he wants paternal rights, he's going to have an uphill battle. He does share some responsibility here - he knew she was pregnant.

Are Mom and Dad still married?

He (the biological father) knew she was pregnant, and gave her the boot at 3 months pregnant. She never informed him of the live birth of the child, which took place after she married someone else (at about 6-7 months pregnant, from what I understand). She intentionally hid that information from him. He had no reason to believe that the child was ever born because she was only 3 months at the time she left. She could have miscarried, or aborted the child, but didn't.

Yes, her husband knew of the pregnancy prior to marriage (kind of hard to miss that).

Yes, she is still married and has been all this time.

 

[Proserpina]

He (the biological father) knew she was pregnant, and gave her the boot at 3 months pregnant. She never informed him of the live birth of the child, which took place after she married someone else (at about 6-7 months pregnant, from what I understand). She intentionally hid that information from him. He had no reason to believe that the child was ever born because she was only 3 months at the time she left. She could have miscarried, or aborted the child, but didn't.

I know what you're saying - but again, he bears some responsibility. He needed to check up on what happened to his little soldiers - specially when he knew she was pregnant. That isn't Mom's responsibility, it's his.

Yes, her husband knew of the pregnancy prior to marriage (kind of hard to miss that).

LOL true.

Yes, she is still married and has been all this time.

An intact marriage can make biological Dad's task even more difficult.

Ultimately, this may be less about his rights than about what's actually in the best interest of the child.

 

[single317dad]

If mom hasn't told the child who her biological father is, she's right to be worried. Kids don't understand legalities and adult decisions made in times of hardship. If this guy shows up demanding a DNA test, the first words out of the child's mouth will be "OMG you lied to me for XX years about who my father is," and Mom and Dad will be the bad guys.