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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 02-03-2008, 02:14 PM
dolphinOSU dolphinOSU is offline
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Default Multiple State Paternity Questions
I live in Florida. The biological father of my unborn twins lives in Ohio (lived in Fl @ time of conception). we have since broken up, were never married. I got married after the conception to someone else. The biological father refuses to help financially with any costs (dr's visits, etc). My current husband wants to take full responsibility of the twins. Will we have any legal ramifications if my husband puts his name on the birth certificates? The biological father said he's unsure if he wants to be involved, but he seems to be procrastinating and will never give a straight answer. Does he have any rights to the babies now or in the future now that i'm married or would he have to go to court for paternity confirmation? I know he is the biological father. The next part is that my husband is in the military and the babies may not be born in either Ohio or Florida. What state's paternity laws would apply to my situation? I want the biological father out of the picture completely, how do I go about that? He's very young and unstable (financially), but I'm just worried down the road he will possibly come back after me for custody. Please help!!
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Old 02-05-2008, 09:21 AM
LawResearcherMissy LawResearcherMissy is offline
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Default Re: Multiple State Paternity Questions
Quote:
Presumed Father

If any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to a court:

he was married to the mother when the child was conceived or born, although some states do not consider a man to be a presumed father if the couple has separated he attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the "marriage."

he married the mother after the birth and agreed either to have his name on the birth certificate or to support the child, or he welcomed the child into his home and openly held the child out as his own.

http://www.fldivorceonline.com/flpag.../paternity.asp
In other words, your husband is the presumed father.

I believe the paternity laws of your state of permanent residence apply. Check with an attorney to be sure.
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