Can You Sue for Raising a Child Who is Not Yours

[wheezo]

My question involves marriage law for the State of: virginia

Hey guys,
So a "cuckold" is a husband who is raising a kid of his wife's who is not
his. Usually he thinks it is his. Assume he has found out his
mistake, and sues. What if anything should he get for convincing the
court he was in fact cuckolded?

[Dogmatique]

You asked, "What, if anything should he get for convincing the court that he was in fact cuckolded".

My answer: An order for visitation and child support. Or, if he wishes to divorce his wife, he can try to disestablish paternity as part of the divorce proceedings and then he would have neither rights nor obligation to the child.

Seriously - it is estimated that as many as 20% of paternity tests show that the husband is NOT the biological father of the child.

Generally, the law does not provide for financial restitution.

(I believe there are a few cases where a husband has successfully sued for the reimbursement of child support but these cases would be few and far between).

And of course - it depends on the State....

[jk]

my understanding of the term has nothing to do with a child resulting from the illicit relationship.

[PattyPA]

my understanding of the term has nothing to do with a child resulting from the illicit relationship.

My understanding, also. It's a tacky word, anyway.

[cdwjava]

this is a theoretical case guys

A "cuckold" is a husband who is raising a kid of his wife's who is not
his. Usually he thinks it is his. Assume he has found out his
mistake, and sues. What if anything should he get for convincing the
court he was in fact cuckolded?

I suppose it also depends on whether the mother of the child intentionally deceived the man KNOWING full well he was not the father and telling that he was. But, absent a paternity test, if they were married when the child was born the legal presumption generally is that the child was his and he would have been obligated anyway.

So, if the father going to intentionally cast the child he raised as his own aside because of the mother's error or intentional deceit? Really?

Oh, and from Merriam-Webster: Cuckold ... "a man whose wife is unfaithful" ... it does not say anything about raising a child not his own.

[wheezo]

so generally why doesn't the law provide for financial restitution?

and what did you mean by an order for visitation?

[Dogmatique]

so generally why doesn't the law provide for financial restitution?

and what did you mean by an order for visitation?

Visitation - the child would be his, legally. Hence he would have the right to file for custody and visitation.

And I cannot answer why there would be no financial restitution. It's just the way it is. As I mentioned, there have been cases where the presumed legal father has been able to recoup some past child support. Those cases are few and far between. Please don't ask me to provide links, because frankly that's up to you. Research

However, where does the child come into this?

For example...Dad has raised the child as his own for 10 years. Suddenly - for whatever reason - finds out he's not the biological father. Is it really in the CHILD's best interest to disestablish paternity?

Or is it always just about money?

[wheezo]

yeah. It isn't in the child's best interest to diestablish paternity and in cases like these it definetely just isn't about the money. What would you guys do if faced with such a situation?