If a woman is married and not living with her husband but has another man's baby does that baby legally belong to the husband or to the biological father?
|
Read More Answered By: Lawrence D. Gorin, Atty. |
The baby belongs to the mother. The man to whom the mother was married at the time of the child's is deemed and legally presumed to be the child's father, even if they were not living together at the time of the child's birth and even if the husband is really not the child's biological father. This is what the law calls "the marital presumption of patenrity." As a matter of law, husband remains the child's "legal" father until and unless his presumed legal paternity of the child is disestablished by a court proceeding that results or declares his nonpaternity of the child. BUT.... even though the husband is the child's legal father, the baby BELONGS to the mother and not to either her husband nor her boyfriend.
|
Beaverton, OR
Questions Answered: 824
Last Question Aswered on: 2012-05-23
San Diego, CA
Questions Answered: 294
Last Question Aswered on: 2012-05-27
Bullhead City, AZ
Questions Answered: 145
Last Question Aswered on: 2004-06-25
Portland, OR
Questions Answered: 44
Last Question Aswered on: 2005-06-11
Portland, OR
Questions Answered: 42
Last Question Aswered on: 2009-11-07
Gresham, OR
Questions Answered: 40
Last Question Aswered on: 2012-02-08
Beaverton, OR
Questions Answered: 29
Last Question Aswered on: 2011-09-27
Beaverton, OR
Questions Answered: 19
Last Question Aswered on: 2010-01-22
Tualatin, OR
Questions Answered: 18
Last Question Aswered on: 2012-04-16
Beaverton, OR
Questions Answered: 15
Last Question Aswered on: 2012-04-09
► Can I be adopted at age 17 by my best friends parents?
► I am 15 years old and have been adopted for 7 years, can I be unadopted?
► My ex and i split in april.. horrible things have happened since. in an effort to...
► Can an attorney send supoenas via certified mail instead of hand delivery? also what...
► My 13 year old daughter is six months pregnant. Will I have legal custody of the...
► I was legally divorced in March 2008 and the divorce decree states that we both keep...
► Can a divorce agreement be revisited if the financial numbers have not been honored?
More Family Law, Divorce, Child Custody and Adoption questions and answers in Oregon| Bill of Sale | Living Will |
| Contracts | Notices |
| Divorce | Power of Attorney |
| Employment | Quitclaim Deeds |
| Landlord & Tenant | Real Estate |
| Leases & Rentals | Sales and Purchases |
| Letters | Wills |
| Living Trusts | More... |
© WebsiteBroker, Inc.
LawGuru.com | Advertise on LawGuru | Affiliate Program | Privacy | About Us | Press
