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  1. #1
    Join Date
    Nov 2010
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    7

    Default 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?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Impregnated Married Woman

    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?
    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.

  3. #3
    Join Date
    Nov 2010
    Posts
    7

    Default Re: Impregnated Married Woman

    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

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Impregnated Married Woman

    Quote Quoting ukjw
    View Post
    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
    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?

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Impregnated Married Woman

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

    Also what if I am not in the US?
    Irrelevant. She can simply wait until you return to the US.

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

  6. #6
    Join Date
    Nov 2010
    Posts
    7

    Default Re: Impregnated Married Woman

    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?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Impregnated Married Woman

    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.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Impregnated Married Woman

    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.

  9. #9

    Default Re: Impregnated Married Woman

    Quote Quoting ukjw
    View Post
    It seems like I'm getting moral advice more than legal advice...
    Both are free. Just like in court, they often go hand in hand.

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

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

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

    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?
    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).

  10. #10
    Join Date
    Nov 2010
    Posts
    7

    Default Re: Impregnated Married Woman

    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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