Can Paternity Be Voided

My question involves paternity law for the State of: Wyoming
Here's a head scratcher:

"Duffus" marries A.
Duffus then marries woman B.
Then Duffus marries woman C. They have two children together.

Woman C decides to take the kids and leave Duffus. She has been told that because of her illegal marriage to Duffus (he didn't divorce either woman A or B) she will need to petition to have her marriage voided.

Assuming that the petition is granted and the illegal marriage is voided, what does that do to Duffus's relation to the two children?
Considering that it would then be possible to say that the children were not born of a marriage, is he still their legal father?


:confused:

Woman C should seek an annulment, along with a custody and support order.

Duffus is the father of his children.

I sincerely thank you for your response, Mr. Knowitall. I was just wondering if you might be kind enough to direct me to a source for this advice.

Nevermind. I think I found the applicable statute:

§ 20-2-101. Void and voidable marriages defined; annulments. (a) Marriages contracted in Wyoming are void without any decree of divorce:
(i) When either party has a husband or wife living at the time of contracting the marriage;
(ii) When either party is mentally incompetent at the time of contracting the marriage;
(iii) When the parties stand in the relation to each other of parent and child, grandparent and grandchild, brother and sister of half or whole blood, uncle and niece, aunt and nephew, or first cousins, whether either party is illegitimate. This paragraph does not apply to persons not related by consanguinity.

(b) A marriage is voidable if solemnized when either party was under the age of legal consent unless a judge gave consent, if they separated during nonage and did not cohabit together afterwards, or if the consent of one (1) of the parties was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties.

(c) Either party may file a petition in the district court of the county where the parties or one (1) of them reside, to annul a marriage for reasons stated in subsections (a) and (b) of this section and proceedings shall be held as in the case of a petition for divorce except as otherwise provided. Upon due proof the marriage shall be declared void by a decree of nullity.

(d) An action to annul a marriage on the ground that one of the parties was under the age of legal consent provided by W.S. 20-1-102(a) may be filed by the parent or guardian entitled to the custody of the minor. The marriage may not be annulled on the application of a party who was of the age of legal consent at the time of the marriage nor when it appears that the parties, after they had attained the age of consent, had freely cohabited as man and wife.

(e) An action to annul a marriage on the grounds of mental incompetency may be commenced on behalf of a mentally incompetent person by his guardian or next friend. A mentally incompetent person restored to competency may maintain an action of annulment, but no decree may be granted if the parties freely cohabited as husband and wife after restoration of competency.

(f) An action to annul a marriage on the grounds of physical incapacity may only be maintained by the injured party against the party whose incapacity is alleged and may only be commenced within two (2) years from the solemnization of the marriage.

(g) All decrees of annulment may include provisions for the custody and support of children pursuant to this article, W.S. 20-2-201 through 20-2-204 and 20-2-301 through 20-2-315 and for the division of property pursuant to W.S. 20-2-114.

(Laws 1882, ch. 40, §§ 1 to 3, 26; R.S. 1887, §§ 1567 to 1569, 1592; R.S. 1899, §§ 2981 to 2984; C.S. 1910, §§ 3917 to 3920; C.S. 1920, §§ 4983 to 4986; Laws 1931, ch. 73, § 79; R.S. 1931, §§ 35-101 to 35-104; C.S. 1945, §§ 3-5901 to 3-5903, 3-5927; W.S. 1957, §§ 20-32 to 20-35; Laws 1975, ch. 61, § 2; Laws 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-2-101; Laws 2000, ch. 34, § 3; 2006, ch. 114, § 1.)


I'm excited that I have learned something new today!