Question:
How do paternity laws handle my unique situation? My ex-wife found out just days after our divorce was finalized that she was pregnant with another man's child, so the child was technically conceived while we were still married but it is not mine.
She has not had the baby yet and is scheduled to marry the biological father in a few months.
Do paternity laws address who is considered the father of this child since it was conceived while she was still married, but it is another man's child?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Michigan paternity laws where I am licensed to practice. Readers from other states must consult a family law attorney in their state for the correct answer. More importantly, all readers should consult with a family law attorney about options specific to their family circumstances.
The short answer to this question, under current Michigan law, is that the ex-husband is the legal father of the child because the child was born or conceived during the marriage. Under Michigan law, the father is the husband if the child was born or conceived during the marriage, even if the child is born after the husband and wife divorce.
Interestingly, under Michigan law it makes no difference whether the biological father acknowledges paternity or has a DNA test – if the husband wants to be the legal father, then he is the father, and the biological father does not have standing (that is, the right to sue) to contest his decision. That is the current paternity law in Michigan, and our legislature as of March 2012 is looking into changes to avoid this odd result, but it is the current law.
MensRights.com:
Bill Would Give Rights To Unwed Biological FathersThe longer answer is, there are things that must be done to make the biological father the legal father.
One option is to amend the divorce judgment to specifically exclude the child as a child "of the marriage." This must be done, however, within one year of the date of the judgment and should be based on mutual mistake.
If the ex-husband is on board with the plan, it could be a short hearing. However, the judge is required to take testimony to determine that the ex-husband is not the father, and some judges go even farther and have the actual father testify and accept responsibility.
If the actual parents are not married before the child is born, then the biological father should also sign the birth certificate and acknowledge paternity so that he creates a presumption of parental rights (the ability to make decisions, to parent, etc.) and the duty to support.
The most important thing to do, however, remains speaking to a mens divorce attorney immediately. Something needs to be done to correct the divorce judgment or the ex-husband could be treated as the legal father forever, with a corresponding duty for child support, even though he is not the biological father.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction about paternity laws.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Ann Arbor, Michigan Divorce Lawyer Jennifer Paine, contact Cordell & Cordell.
Absentee Father's - Does anyone stop to think that some of these Father's just don't have the means to fight for the right's they are suppose to have. Some don't even know what their rights are. Then there are the costs of finding out. There are Father's out there that try to do what is within their means just to have a relationship with their children after the other parent and or the court take them away. No reasons, just "your out of the picture now because we say so" and they have no say in what happens. The old saying "you get what you pay for" is true in all aspects of life. I only had the means to start with a Pro Bono attorney, "you pay nothing and you get nothing"! Where does "the best interest of the children" fit in?
When you finally do have some money to start the fight for your rights to be a part of your children's lives that is shot down because it costs so much more then you could imagine to get the right lawyer to do the job for you.
When any and all attempts of the Fathers fail for them, they have no other choice but to give up-and they wonder why there are so many absentee Fathers, really, what are they suppose to do.
Our economy has pushed many Fathers away, our justice system is a complete joke, it's all about who you know and or how much money you have. We hear everyday about corruption coming out everywhere, does this not give us warning of not being able to trust anyone in our society. Unwed mothers always get custody of the children, the Father's are left out completely of their children's lives unless they have the means to fight for them. They all hide behind this "the best interest of the children" but yet still make it difficult for the Father's to be in their lives. A Father puts his complete trust in a Lawyer, his complete life with his children on the line and this is what happens.
I read an article (The Role of Fathers in Socializing Children) it said, Father's seem more likely than mothers to challenge and stretch children to achieve more. Many Fathers urge children to take initiative, to tolerate risks, and to experiment with unfamiliar activities and situations. Fathers also tend to focus on playing with their children, and Fathers' play generally is physically stimulating. Roughhousing with Fathers seems to develop children's courage and willingness to take risks.
Researchers, who have studied parents' interactions with children, conclude that Fathers and mothers typically contribute in unique and valuable ways to their children's development and self-esteem (Galvin, 2006; Popenoe, 1996; Stacey, 1996). Fathers especially seem prepared to help their sons and daughters develop confidence, autonomy, and high expectations of themselves. Researchers conclude that both mothers and Fathers make substantial and unique contributions to the full development of children.
What is a Father to do????
There is a website you might want to visit for more information, the Fatherhood Educational Institute at www.fatherhood-edu.org - if you would like to check on it