Does a husband have rights to a child that is not his own?

Question: I had an affair while I was married, we filed divorce and two months after the divorce was file I find out that I was pregnant. There's a 99% possibility that the baby is not my ex-husbands. What are his rights? I heard that by law he had the rights of my baby girl because she was born within 300 days of my divorce. Is this true? Can he have rights of my baby even though he is not the father. Thank you, I live in Ohio.

Answer: I cannot answer your question specifically to the laws of the State of Ohio, as I am not licensed in that State. Generally, if your ex-husband attempts to claim rights or visitation to the child you can file a Petition for Declaration of Non-paternity. After he is served with the Petition you can file a Motion for Genetic Testing. If the genetic testing shows that he is not the biological father you will win the case and the Court will determine that he has no rights to the child.

Return to Search Page