Will my ex husband have to pay child support if the childI'd not biologically his?

Asked over 1 year ago - Cairo, GA

My husband and I separated briefly four years ago and I got pregnant by another man. We reconciled during my pregnancy, and my husband is the only father my son knows. We are now discussing divorce and we are wondering if he has any legal financial responsibility to my son. Also, does he have any rights when it comes to custody?

Attorney answers (2)

  1. Daniel Ellis Rice

    Contributor Level 18

    2

    Lawyers agree

    Answered . A person who is not the biological or "legal" parent of a child is not legally required to provide for child support. While a husband is presumed to be the legal father of a child born during their marriage, if there is sufficient evidence to rebut that presumption, then the husband is not obligated to pay child support. Also, if there is sufficient evidence to rebut the presumption of paternity, the husband has no legal rights re: the child. If your husband wants legal rights to that child, he may attempt to adopt, but that would introduce a host of other issues, and with the divorce, that complicates matters further re: possible adoption. I advise that if you and your husband do divorce, you need legal counsel to represent you. Good luck.

  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . In Georgia, your husband is legally presumed to be the father. It is a rebuttable presumption. However, if neither of you affirmatively rebut the presumption, your husband well could end up with custody or visitation, and be compelled to pay support.

    In these cases, it is essential that you have a lawyer. I highly recommend in these cases that a DNA paternity test be done, and that appropriate paperwork as to paternity be filed in the divorce. Not doing things right can create future legal problems for you, your husband, the bio dad and the child.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more

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