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This is a messy situation. If I am clear in understanding the situation, the woman got pregnant with a lover and not her husband. First off, the natural father of the child has rights. He will have to pay child support if ordered in court or settled out of court, but he also has visitation rights and should be involved in the child's life. The husband of this woman, if he chooses to stay married to her even though she cheated, is not responsible financially if he doesn't want to be. He could choose to leave her and she would have no legal recourse against him unless a DNA test proves he is the father after all. My advice, the woman should work this out with her husband and be honest about everything. She should also be honest with the lover and ask him to sign his rights away. This way, the husband can adopt the child and the child will have a stable family with just one father and mother. * The law presumes that the woman's husband is the father until it is presumed otherwise. The woman would have to be the one to request that paternity be established. The court will not honor such a request from the alledged father as it constitutes an intrusion upon marital privacy rights. Custodial rights, child support or visitation matters cannot be addressed until paternity is established.

2006-07-27 21:08:10
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