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I have read on this sight that a OM might not have any rights to a child he fathered durning an affair. Is this true? If it is were would I find it on the net? Thanks for the help.
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Joined: Oct 2000
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do a search of the state's family laws. You will have a lot of legal jargon to work through, but most of it is fairly straight forward. That's where we found the info that we needed in making our decisions.
good luck!
Tigger
me~BS & WS~38~~h~BS & WS~37 my d-days~7/92, 1/96, 7/00, 9/07
h's d-days~7/11/00 & 2 weeks later 3 COM, 1 OC(mine)
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Joined: Jul 2004
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Yep, it varys from state to state but some do consider the H to be the father and do not allow an outsider to petition for DNA.
Faith
me: FWW/BS 52 H: FWH/BS 49
DS 30
DD 21
DS 15
OCDS 8
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Joined: Sep 2008
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I have been searching all morning with little luck. Every section that I can find deals with unmarried parts and nothing about a child born as the result of an affair. Any keywords I should use? Anybody have an idea of Michigan's laws?
Me BH 23
WW 21
Married Sep 07
EA discover May 08
EA started Aug 07
She left and started PA July 08
Attempted at Recovery Sep 08
Left again Sep 08
Plan D most likely
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The law of presumption. If a woman was married her H was the dad not the OM.
DNA has caused some change in the paternity laws state by state.
Some states will allow the H to contest paternity for two years after a child is born. If the H does not suspect until after the two years and has a test done and the kid is not his. The state will not go after OM for CS. The state will not let the H off the hook for CS.
There are to many what if's. Find a lawyer that will give a free consultation. Call the local legal aid society.
You need to speak with a lawyer in your state, no matter how you cook it.
This is too important to not have legal guidance. Marriage recovery, if it is your goal will be best served if you can keep the OM out of your families life. NC for WW, you, and children.
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From the Michigan DHS website
How to Establish Paternity (put name of father on the birth certificate)
Establishing paternity by including the father on the birth certificate gives a child born outside of marriage the same legal rights as a child born to married parents.
Children with legal fathers are entitled to benefits through their fathers. These include Social Security benefits, veteran's benefits, and inheritance rights. Children may also benefit by knowing the family's biological, cultural, and medical history.
When a married couple has a child, the law automatically recognizes the husband as the child's legal father so paternity does not need to be determined.
When an unmarried woman has a child, an official act is needed to establish the legal father of the child. This is called the establishment of paternity.
Child support offices may assist either parent in establishing paternity for a child who does not have a legal father. Paternity must be established before the court can order child support.
Paternity can be established in the following ways:
If a child is born to an unmarried mother, she and the alleged father can sign an Affidavit of Parentage form: http://www.michigan.gov/mdch/0,1607,7-132-2939-18708--,00.html to legally establish the father's legal rights (sometimes referred to as paternity acknowledgment), or
The mother and the alleged father can ask the court to determine the legal father of the child. The prosecuting attorney's office in each county is responsible for filing and prosecuting actions to establish paternity.
Sometimes a parent may want proof that the man is the biological father of the child before he is named the legal father. In that case, either parent may request genetic testing. This testing will show either:
the man is not the biological father of the child, or
a greater than 99% likelihood that the man is the father of the child.
Once paternity is established, an order for child support can be established.
Faith
me: FWW/BS 52 H: FWH/BS 49
DS 30
DD 21
DS 15
OCDS 8
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BTW, you will NOT find language about child of affairs. As far as the courts see it, this just doesn't exist. When the OW is single and the father is a MM, they treat the child as though it was from a previous marriage or just a relationship. They do NOT consider the COM, the W or the fact that the child was the result of a betrayal. They don't CARE.
Faith
me: FWW/BS 52 H: FWH/BS 49
DS 30
DD 21
DS 15
OCDS 8
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This subject really rubs me the wrong way. My FWH and I have 4 COM followed by an OC. The way the courts in our state see it. Our COM do not count at all in the whole support equation. Only children with support orders count. Talk about FAMILIES first whatever! This needs to be changed! No wonder all these OW don't mind raising their kids on child support!
Me 32
WS 37
Married 12 years
DS 8, 6, 5
DD 3
OC born 11-22-06
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