Impregnated Married Woman

My question involves paternity law for the State of: Ohio or WV

Can this woman who is married force me to take a paternity test? Or will the husband be recognized as the legal father? If that is the case how do they go about forcing a paternity test on me? WV is likely where the child will be born.

To add, the husband knows he is possibly not the father. If he challenges it and proves by paternity he is not the father then is she free to come after whomever she believes to be the possible father? Or is he the legal father until somebody comes forward no matter his test results?

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If he challenges it and proves by paternity he is not the father then is she free to come after whomever she believes to be the possible father?

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Yep. All he has to do is bring forth an action to disestablish paternity if he is shown by DNA testing not to be the father.

The court can then compel you to submit to DNA testing. From thence, Mom can initiate child support actions, and you can pursue visitation.

Wow. I had been reading to try and find out, everything was a little over my head but I thought there was nothing she could do....She is not likely to put his name on the BC so if she was to come straight after me will I be able to tell the court she is married and then he will have to do his process? Also what if I am not in the US? I have previous obligations to be in SA for a few months which have absolutely nothing to do with this situation.

Does her getting or not getting a divorce matter at all?

Thanks for the help

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Quoting ukjw

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Wow. I had been reading to try and find out, everything was a little over my head but I thought there was nothing she could do....She is not likely to put his name on the BC so if she was to come straight after me will I be able to tell the court she is married and then he will have to do his process? Also what if I am not in the US? I have previous obligations to be in SA for a few months which have absolutely nothing to do with this situation.

Does her getting or not getting a divorce matter at all?

Thanks for the help

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Why would her divorce change your responsibility to financially support your child?

When you said "nothing she could do", were you hoping that the courts would decide that another man should be financially responsible for raising your child?

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so if she was to come straight after me will I be able to tell the court she is married and then he will have to do his process?

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Nope. The court will still tell YOU to submit to DNA testing.

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Also what if I am not in the US?

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Irrelevant. She can simply wait until you return to the US.

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Does her getting or not getting a divorce matter at all?

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No. Why would it? Her marriage has nothing to do with your responsibility. If you make a baby, you support it. That's the way these things work. If you don't want to support babies, don't make them.

It seems like I'm getting moral advice more than legal advice...first off I will say nobody knows the details of the situation or has any type of idea what kinda of person she is or what she has done in the past and done to me...paying child support to her I can promise you will not benefit the child much at all.

I was under the impression that legally the husband is the father of the baby because they are married...is this correct or no? I also thought I read somewhere that unless the state(certain states) can find another man that he cannot be taken off the BC or if he takes too long to have himself taken off?

Your question was answered in the first state, to the extent possible. If you want more specifics (a) ask a follow-up question and (b) tell us what state is involved, or at least explain why you think this child's paternity is governed by the laws of two different states.

Your question was answered in the first state, to the extent possible. If you want more specifics (a) ask a follow-up question and (b) tell us what state is involved, or at least explain why you think this child's paternity is governed by the laws of two different states.

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Quoting ukjw

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It seems like I'm getting moral advice more than legal advice...

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Both are free. Just like in court, they often go hand in hand.

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first off I will say nobody knows the details of the situation or has any type of idea what kinda of person she is or what she has done in the past and done to me...

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It's legally relevent that she was impregnated while married to another man.

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paying child support to her I can promise you will not benefit the child much at all.

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Not legally relevent. The child is ENTITLED to the payment of such support. Mom can flush it down the toilet if she chooses, so long as the child is adequately provided for (shelter, running water, weather appropriate clothing, food).

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I was under the impression that legally the husband is the father of the baby because they are married...is this correct or no?

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Yes, that will be the presumption, but only UNTIL someone raises the question of paternity. Could be you. Could be mom. Could be the husband.

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I also thought I read somewhere that unless the state(certain states) can find another man that he cannot be taken off the BC or if he takes too long to have himself taken off?

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More or less, yes, but there are lots of exceptions and every state may have unique twists. Courts are generally reluctant to let one source of support (which right now is the mother's husband) off the hook unless they've got ANOTHER source of support lined up. As noted above, courts generally operate under the idea that children are entitled to the support and legal attachment to TWO parents (not just for the support money, but also for things like one parent getting hit by a bus...the state likes the OTHER parent to be legally tied in to be co-responsible to continue to raise the child should the primary parent be unable to do so).

Thanks Aaron and aardvarc, The reason there are 2 states is because the child will be born in WV but the marriage is in Ohio. The mother lives in Ohio(with husband she married nearly a year ago) bbut I believe she might e a WV resident since that's where she has filed for medical help on the pregnancy.

i think they will stay married and if so the courts will likely not even want me to be apart of the childs life? From what I have came up with from researching myself he will need to divorce her to disestablish himself as the father. I'm pretty sure he will not be signing the BC but I assume his name will be placed on it at some point?

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Quoting ukjw

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Thanks Aaron and aardvarc, The reason there are 2 states is because the child will be born in WV but the marriage is in Ohio. The mother lives in Ohio(with husband she married nearly a year ago) bbut I believe she might e a WV resident since that's where she has filed for medical help on the pregnancy.

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It is typically based on where mom has established residency at the time of the birth (usually where she has resided for the prior 6 months) OR in whichever state the baby has resided in for 6 months once born.

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i think they will stay married and if so the courts will likely not even want me to be apart of the childs life?

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These two ideas are not mutually exclusive. They can choose to stay married...AND the mother can still go after you for paternity and child support. Whether you choose to only pay child support, or to both pay child support AND enjoy visitation (if the child is yours) will be up to you. The courts can't force you to have a relationship with the child, but CAN take steps to enforce payment. There is NO legal requirement that divorce be anywhere in the mix.

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From what I have came up with from researching myself he will need to divorce her to disestablish himself as the father.

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Not at all. Yes, this is commonly dealt with within divorce proceedings, because most marriages don't last through babies made outside the marriage, but if they are willing to stay married to each other, that can absolutely occur while STILL naming YOU as father of (and future child suppor payor for) the baby.

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I'm pretty sure he will not be signing the BC but I assume his name will be placed on it at some point?

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Dad already has some inherent legal rights, just by being married to the mother, even if his name isn't actually ON the birth certificate. He may be content to leave it blank forever (or until such time as any number of actions concerning paternity or child support force that blank to be filled - at which time dad may have grounds to contest it).

West Virginia has a statutory process through which the mother and her husband can establish his nonpaternity. She would then be able to pursue support from the biological father, who could in turn seek custody and visitation rights.

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From what I have came up with from researching myself he will need to divorce her to disestablish himself as the father.

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No, divorcing her does not disestablish paternity.

Going to court, demanding to take a DNA test, and the test showing he is not the father disestablishes paternity.

He or Mom can challenge paternity immediately upon the child's birth, and point the finger at you. No divorce is required.

There are married couples all over the country where the children they raise are not products of that union.

They are called step parents.

You will still need to pay for your child even if they stay married and grow old and then die together. You will need to pay for your child even if she lives with both of them and the husband becomes the primary male role model in the child's life.

Even if... you still get to pay for your child.

I don't understand why this is so hard for you. You created a child. You are now financially obligated to raise that child. The time to debate the value of the mother of that child and her decision making skills was BEFORE you impregnated her.

Congrats on the upcoming birth of your child. Be a man and be a part of that child's life.

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Quoting cyjeff

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I don't understand why this is so hard for you. You created a child. You are now financially obligated to raise that child. The time to debate the value of the mother of that child and her decision making skills was BEFORE you impregnated her.

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providing ciggarette and liquir money doesnt financially help the child...I didnt provide twisted details to the whole situation because it is not relevent

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providing ciggarette and liquir money doesnt financially help the child...I didnt provide twisted details to the whole situation because it is not relevent

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You're not grasping this, are you?

The law doesn't care what you think the money will go for. What the law cares about is that you at least make the effort to financially support your child. If you don't do it voluntarily upon the court ordering you to do so, the court has absolutely NO PROBLEM having your wages garnished - AND you get to pay extra for forcing the court to do that.

There are other fun things that go along with refusing to pay court ordered support, like suspension of your drivers license and refusal to issue a passport.

But it's also not relevent what you think mom will spend the money ON. If you wanted the mother of your child to be financially responsible, you should have chosen one who fit that bill. This is who you chose to have sex with. A child resulted. If the child is yours, you can expect the courts to look to you to support the child. All the rest is fluff.

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Quoting LawResearcherMissy

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There are other fun things that go along with refusing to pay court ordered support, like suspension of your drivers license and refusal to issue a passport.

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And don't forget suspension of state-issued licensing, such as for professional and occupational licensing, hunting/fishing licenses, and those annoying civil arrest warrants which somehow always manage to come up at the most inconvenient times (for my agency it's often while people are out enjoying a nice day on the boat).

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Quoting LawResearcherMissy

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You're not grasping this, are you?

The law doesn't care what you think the money will go for. What the law cares about is that you at least make the effort to financially support your child. If you don't do it voluntarily upon the court ordering you to do so, the court has absolutely NO PROBLEM having your wages garnished - AND you get to pay extra for forcing the court to do that.

There are other fun things that go along with refusing to pay court ordered support, like suspension of your drivers license and refusal to issue a passport.

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I grasp this well...he decided to once again provide me with some moral advice so I gave him some info that I KNOW is irrelevent legally....so again I will say I didnt provide details about the girl or our relationship because I understand it is irrelevent...but when people speak to me as if I have a moral obligation I will toss out a few details that I fully understand mean nothing in the court just like your moral advice.

Dont go into detail about passports...once again you dont know my situation...trust me I wont be hurt the slightest if they try to take my US passport.

Some of you should be answering questions at yahoo answers if you cant help with legal advice.

Thanks aaron and aardvarc for the help

ukjw...........I do not know your situation and I am not judging you. But, it seems to me you got yourself into a very serious situation and you are looking for a way out. A Judge in court will tell you that you are morally and legally responsible for the child if it is indeed your child. If the mother wants to seek child support and decides to go "after you" and you are the father then you will have to pay. That's how it works. Your wages will be garnished if you do not pay. In some states, garnishments are done no matter what, to ensure that the support is paid. I know this, because we have our own business and I garnish checks every week for child support. I even get to charge a fee to do this and it is paid by the employee. Everyone's advice is what you will hear in court. If the situation is as bad as you say, then see what your rights are if you are the father. If you really want legal advice hire a lawyer.

In the future, think longterm and not the moment. This is good moral and could very well be good legal advice.

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Some of you should be answering questions at yahoo answers if you cant help with legal advice.

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Aw, how cute! He thinks he's going to try to insult us!

Pookie, you GOT legally correct answers. That they don't align with what you want is neither relevant nor our problem. It's all you.

Good luck. You're going to need it. Pray to every deity you can name that the Judge doesn't call you 42 kinds of stupid in court.

when you stick your winkie into her sinkie & out pops a little one -- then you are responsibile for the kid if it goes to court. Dont care if the mother buys smokes or not ... how old are you?

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Quoting LawResearcherMissy

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Aw, how cute! He thinks he's going to try to insult us!

Pookie, you GOT legally correct answers. That they don't align with what you want is neither relevant nor our problem. It's all you.

Good luck. You're going to need it. Pray to every deity you can name that the Judge doesn't call you 42 kinds of stupid in court.

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I was given legally correct and detailed answers from some and I thanked them without debate...I did not get this from you...you continue to just tell me I'm obligated to take care of the child...I dont know how many times I have to tell you that you have no idea of my situation...it's unreal how hard it is for one to believe another has opportunity outside the US, I've been all around the world more than once sweetheart.

Now I see your not even a lawyer and only research on the net....you have to warn others " Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death." I assume that is because u often give awful advice and recieve complaints for it...I dont even understand why you wont back off the discussion, you have given no help and just clogged the thread.

Feel free to show me where my answers were legally incorrect.

I'll wait.

Dude, posting it on on another site pretending to be Mom won't change the answers...

ukjw...just curious....when you continue to say we do not know your situation....do you happened to be married also? Just curious?

At no time did I morally judge you.

I gave you, in every single sentence, your legal responsibility to your child.

You created a child. If that paternity is established in court, you WILL be financially responsible for that child for the next couple of decades. This is NOT negotiable.

This sounds very much like you got some really bad barroom advice... sleep with married women and you will never have to support a child. That isn't the legal reality of the situation.

I have raised two children... one a step daughter and one the product of our marriage. Wouldn't trade a moment. I recommend you examine all your opportunities before you decide what you do next.

Well, everybody knows that the best way to get correct advice is to shop your question around until someone tells you what you want to hear.