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A man has a child with a married woman, does he have any legal rights to said child?

Lyons, OR |

My daughter-law conceived a child with a man other than her husband, while on. a brief separation with her husband. But they have reconciled, never divorced. Her husband's name is on the birth certificate, does the biological father have any legal rights to said child ?

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Attorney answers 3


No, not unless the parents are willing to acknowledge it. However, if the husband and wife listed the husband as the father on the child's birth certificate, knowing that the husband was not really the child's father, then they may have committed an act of fraud. Your daughter-in-law should consult with an attorney in private at once to deal with this possibility.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>


Yes, the biological father could file a paternity action to be declared the legal father of the child. If so, he could get custody OR visitation rights, and is likely to have to pay child support.

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Possibly. There are some old archaic laws on the books that predate DNA testing that presume that a married woman's husband is the father of any child. There are exceptions, particularly when the parties were separated at the time of conception. There have also been cases that have gone to the US Supreme Court which basically hold that a biological parent has the constitutional
right to be involved with raising their child except when they can't properly do so. So there are various legal rules as well as the development of DNA testing that can now prove parentage. So the biological father could assert his rights but what will happen depends on the overall legal analysis of the facts. Also keep in mind that if the biological father does claim rights, he will be on the hook for child support, which is often a deterrent to would be parents from claiming their parental rights.

The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.

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