When a married woman has an affair and has a child what rights does the husband have?


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2010-07-02 16:27:04
2010-07-02 16:27:04

to beat her and leave her

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I assume this to be an out of wedlock, extra marital affair child. Her husband.

Since you have become pregnant from having affair with another man and if your husband has forgiven you and is acceptable of the baby then the two of you can raise that child. However, if the biological father is interested in his own baby then he has some visitation rights. If you husband does not want to raise another man's baby then you will have to consider at least separation from your husband or divorce if you want to raise this child alone. The man you had the affair with should pay child support. You would be wise to seek legal advice.

no because that's not her child with him that's your child with him

In most states, a child born in wedlock (to a legally married couple) is presumed to be the child of the husband. Legally, the court recognizes that the husband is the father of the child and will not initiate any action which will separate the parent/child relationship without a very good reason for doing so. Consult an attorney if you wish to be a part of the child's life however; it is generally in the best interest of the child to not have his/her life disturbed after six years of knowing her mother's husband as her daddy. Please consider your options from the perspective of this beautiful child.

No. Yes. If the mother is married and her husband is willing to adopt the child(ren).no

Simply take the father to court, a dna will be administered. But, if you do that, then your husband will lose all legal rights as to the upbringing of the child, his ideas to the court will mean nothing. If you have your husband adopt the child, then the bio-dad will have no rights nor will be obligated to pay support, but bio-dad will have to sign those rights away.Having a child by another man while married creates a very complicated legal situation for your husband. You need to consult with an attorney.

If the man she had the affair with wants to know if it is his child then yes, a paternity test should be done. This will tell whether the husband or the man she had the affair with is the father. If the father of the child wants to be part of his child's life then arrangements should be made for visitation rights, but, he should agree to help support his own child even if she stays with her husband. He might agree to be called 'uncle' so the child will not know that is his biological father This is a difficult situation and it will take the three of you to agree as to what will happen tin the future. It is quite possible that the man she had the affair with my not want anything to do with the child. If the wife and husband feel they can work it out in their marriage they should certainly try.

No. The biological father can give up his rights and if your husband then want to be more than a step parent, who have no rights to the child, can adopt your child. Or not, that is your choice as the parent.

I am currently in this situation and my baby was just born. The biological father is filling a custody suit at this time. His lawyer says one thing and my lawyer says another. I guess it'll be up to the judge. Should a chap plant his corn in a field which he has a legal binding to: such as ownership, leasor, or renter of the field, then he has a legal binding and can claim ownership of the resulting crop. If he plants his corn in another man's field from which he has no legal binding, then he is treaspessing, and has no ownership or right to the resulting crop. The same is true regarding his rights to a child he has fathered by planting his seed in the womb of a woman who is legally married to a husband. The husband has all faternal rights to the resulting child should he want them, and the adulterer or rapist has no faternal rights to the child unless the husband formerly vacats, denounces, or surrenders those rights to him.

Depends on your state. In MI, the legal father of the child is the mother's husband. If your child's father is not going to be your husband, do the right thing and let him be involved.

If your husband made one mistake in having an affair and has not cheated before that or after the affair then the child is part of him and also the biological mother. You have two options: #1 You can accept the child when and if he has custody of the child and make that child part of the whole family or #2 let him see his child if he wants too (he at least should pay child support) but see the child away from home. The decision will have to be discussed between you and your husband.

I don't know Oklahoma law, but I suspect that her husband is presumed to be the child's father unless/until there's a court order to the contrary. Such order would typically be based on an acknowledgment of paternity or genetic testing. After that happens, you can talk about "rights," including the right to pay child support.

You have the right to obtain a divorce.You have the right to obtain a divorce.You have the right to obtain a divorce.You have the right to obtain a divorce.

Your husband would need to go to the court of jurisdiction (where the child resides) and file a petition for termination of parental rights. However, it should be noted that in doing so, it will not relieve him of his child support obligations, only the right to visit the child or having any decision making input in the child's life. Child support may only be terminated if the child is placed for adoption or is adopted by the mother's spouse.

Leave him and her behind. If they wanted to be with each other they should have come to you and told you about their affair and not keep it in the dark. Seek a lawyers advice on divorce. Your marriage to me is not salvageable because of the length of the affair and the fact that there is now a love child involved.

No, a man does not always get custody. If one of the people in a marriage has an affair, it is usually the person not having an affair that gets custody of the child or children.For example, if the husband is having an affair, and the wife wants a divorce, the woman (wife) would get the custody of the child or children, and not the man (husband). This is the same vice versa, too.

Don't you mean can the father of your child removed his child from the immoral influence of an adulteress? Yes.

If you are still married, then telling the husband is the best thing to do, since it will come out in the end. The name of the child is the least of the problem--just do what makes sense in the long run for the child.

Your husband has no rights over the child because he did not help in the creation of the child, but he can legally adopt her.

tell him you should adopt a child in need like an orphan

No. I believe a one-night stand is something a couple can work out, but if it was a long time affair and a child came of it, then it would end in divorce.

Yes, it is. The child is an innocent bystander and has nothing to due with the irresponsible choices made by his/her parents.

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