Legal Question in Family Law in Minnesota
My wife had an affair and is now pregnant. What rights do I have th the child and what rights does the other man have. We are staying married and want to raise the child together.
2 Answers from Attorneys
A child born to your wife while you are married to her is presumed to be yours. It's yours.
Under Minnesota law, if the child is born during your marriage, you are presumed to be the father. That means you have all the rights and responsibilities of a biological parent, including potential obligations for support of the child should you divorce.
The biological father has no enforceable rights unless or until he establishes paternity in court. He can bring such an action. Similarily, you may coimmence an action to disclaim paternity. There are strict time limitations for doing so and, generally, you must commence your action within two years of knowing the child may not be your own.
For Minnesota issues visit divorceprofessionals.com or call 612.240.8005.
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