[concerningme]

My sister is in a bind and we need to know what can happen and if she should seek legal help. She is married, and 13 years ago seperated from her husband, although not legally. During that time a child was concieved, and the person other than her husband that could have been the father was informed but asked her to get an abortion. She and her husband worked things out, and he does know about the possibility of the childs paternity, but they have a stong relationship now (they have for many years) and considers himself the childs father in every way. The other man has been in and out of contact for 12 years, and now wants a paternity test to prove he may be the father. He has known from the begininng that there was that possibility, but never pursued it until now.

Can he do this since they were legally married at the time, and still are? Her husband stands 100% behind her that he is her father, and his name is on the birth certificate. Should she seek a lawyer, is there a statue of limitations? Ohio is the state the child was born in.

[Mr. Knowitall]

The husband is acknowledged on the child's birth certificate as the biological father? Have they considered getting their own paternity test - if the husband is the biological father, they can tell the other guy to take a hike.

You may wish to take a look at this thread where another participant writes,

It is my understanding of the Ohio laws that he could commence a paternity action, but that a court would apply recent case law to deny him any parental rights unless he could establish that he had a parent-child relationship with your daughter. That seems unlikely.

[concerningme]

Yes, the husband is on the birth certificate and takes full responsibility as the father.