Rights Of Husband Versus Rights Of The Biological Father

[Robert44]

I am the married husband of wife who is pregnant with what maybe someone elses child. If it is and I go to Michigan where aledgedly the other man has no rights to the baby (even though he may be the bio father) and have the baby, does the law apply even though I live in another state and my wife have the baby in Michigan? Or do I have to actually move to Michigan?

We are reconciling and we do not want the other man to have any right to the baby or any way to mess up our lives and the lives of our other 3 kids we jointly have already. What can we legally do? Thank you.

[Baystategirl]

I am the married husband of wife who is pregnant with what maybe someone elses child. If it is and I go to Michigan where aledgedly the other man has no rights to the baby (even though he may be the bio father) and have the baby, does the law apply even though I live in another state and my wife have the baby in Michigan? Or do I have to actually move to Michigan?

We are reconciling and we do not want the other man to have any right to the baby or any way to mess up our lives and the lives of our other 3 kids we jointly have already. What can we legally do? Thank you.

Have you though that the CHILD has a right to know who her father is? Or is this all about you?

[jk]

What is The Michigan Paternity Act?

The Paternity Act 205, Eff. Aug. 11, 1956 grants standing to seek a determination of paternity to a child born out of wedlock, the mother of a child born out of wedlock, the father of a child born out of wedlock, or the Family Independence Agency on behalf of a child born out of wedlock who receives public assistance.

The Act defines “child born out of wedlock” as:
“a child begotten and born to a woman who was not married from the conception to the date of birth of the child, or a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage.”
Thus, there are two ways in which a child can be considered a “child born out of wedlock,” and a putative father can seek paternity under the Paternity Act only if the child falls into one of the two categories.
As to the first category—that of “a child begotten and born to a woman who was not married from the conception to the date of birth of the child" the Michigan Court of Appeals has interpreted this language as requiring the mother to have been continuously unmarried from conception to birth in order for the child to be deemed born out of wedlock.
As to the second category—that of “a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage" the Michigan Supreme Court has interpreted this language to require a court determination that the child is not the issue of the marriage prior to the putative father filing his complaint seeking paternity.

Based on that, it does seem that the bio-father can still seek paternity but he will have to have th ecourt rule that the child was not an issue of the marriage. Exactly how they make that determination, I do not know but I woudl guess that if you and she were seperated and the bio father and the mother both testify that there was a sexual liason, I would suspect the courts could and maybe would make such a determination.
btw; testifying to any other answer as to sex or not with the man, perjury would apply if she lies.

[525601minutes]

God forbid this unborn baby grow up and need something like a kidney - and learn he has a bio father that could be a match - but the real father was excluded from the child's life.

[Robert44]

truth is my wife had affair with 3 men and either could be the father. Wife and I both want to reconcile and dont plan on lying to the child, but also dont want our 3 children to have to live with this either. My wife and I agree that neither of the 3 guys who could be the father are not who anyone would want raising their kid. Yes i know who they are-all three. Wife has been honest in everything as painful as it was, but we both knew that total honesty with EACH OTHER was best.

So no one has answered my original questions yet. Please do. Thanks.

[GV70]

truth is my wife had affair with 3 men and either could be the father. Wife and I both want to reconcile and dont plan on lying to the child, but also dont want our 3 children to have to live with this either. My wife and I agree that neither of the 3 guys who could be the father are not who anyone would want raising their kid. Yes i know who they are-all three. Wife has been honest in everything as painful as it was, but we both knew that total honesty with EACH OTHER was best.

So no one has answered my original questions yet. Please do. Thanks.

Here is my answer:
Alabama-biological father does not have standing so long as
presumed father has not disclaimed status.

California-biological father does not have standing unless qualifies as presumed father & H’s presumption not conclusive.

Florida-Paternity Act,case law holding Husband = legal father,standing of biol. father-No - no COA under paternity act where paternity “otherwise” established unless b/f claims developed relationship

Georgia-standing of biol. father-No - purpose of statutes to provide for establishment of paternity, not delegitimation where legal father persists.

Michigan-standing of biol. father-No - unless prior adjudication that child not issue of marriage.

North Dakota-standing of biol. father-no,presumption can only be rebutted by Husband or Wife.

Oklahoma-same as North Dakota.

Pennsylvania-standing of biol. father-no,Irrebuttable where marriage intact, policy = protection of intact family.

Wisconsin-no,unless determined to be in best interest of child.

[Robert44]

Thanks GV70. If we move and have the baby in Pennsylvania, do we have to stay there for it to stick? If we have the baby in PA and then move back to Indiana, can the bio-father come after any kind of custody then? If so, how long would we have to live in PA? Thanks again.

[Lawrence D. Gorin, Atty.]

In virtually every state in the nation, the man who was the mother’s husband at the time the child was born is presumed or deemed to be the child’s legal father, biological reality to the contrary notwithstanding.

If the husband is in fact the child’s biological father, there generally is no problem. But if that is not the case, the laws of most states allow for the husband’s “presumptive paternity” to be challenged (and possibly overcome), subject, however, to certain procedural limitations. This is usually accomplished through a legal action to “adjudicate parentage.”

Here in Oregon, for example, a man claiming to be the biological father of a child born to a married woman may file a legal proceeding to declare his legal parentage of the child, without any time limitation. However, Oregon law also says that “The [husband’s paternity of his wife’s child] may not be challenged by a person other than the husband or wife as long as the husband and wife are married to and cohabiting with each other, unless the husband and wife consent to the challenge.”

Also note that the state in which the child is born is not a critical or determinative factor when it comes to a future court proceeding to adjudicate parentage brought by a man who claims to be the child’s biological father. Such a proceeding, which inherently involves a challenge to the mother’s husband’s presumptive paternity of the child, could be brought in any state that has “personal jurisdiction” over mother, and would be subject to the substantive and procedural laws of that state. However, many states have statutory time limitations (and other restrictions and limitations) that may bar such a proceeding. Much depends on the law of the particular state involved.

LDG

[Xena]

We are reconciling and we do not want the other man to have any right to the baby or any way to mess up our lives and the lives of our other 3 kids we jointly have already. What can we legally do? Thank you.

I wasn't going to respond, but after reading your subsequent posts, I decided to anyway.

Legally, you and your wife need to get used to the idea that this father WILL, in some way or another be a part of your lives forever. If either of you just cannot cope with that, your wife should definately consider just allowing the bio father to have complete custody of the child.

[GV70]

If we have the baby in PA and then move back to Indiana, can the bio-father come after any kind of custody then?

YES.In Indiana the BF has standing to claim paternity without regard to mother's marital status, AND IT IS CONSIDERED AS CHILD BORN OUT OF WEDLOCK.Also Best interest of child does not have matter in Indiana.