Legal Question in Family Law in Arizona
Husbands legal responsibility toward wife's "woodscolt".
Wife has two children by boyfriends while married to man. Is man legally responsible for these "woodscolts". While still married to her? After divorce?
3 Answers from Attorneys
Father of Illegitmate Children
I suggest that you contact an attorney. Most states have a presumption that children born during a marriage are the children of the father-husband. Some states have it as a conclusive presumption to avoid declaring children bastards..
Paternity Presumption
Under Arizona law, a husband is legally presumedto be the father of a child unless/until it isestablished in a legal paternity action that heis not the father. That means the husband legallyis the father of those children, and he isresponsible for their support both while marriedand after a divorce. If the husband wants tocontest paternity, he would have to file a lawsuitrequesting that someone else be declared the father.
Hubbys the Papa
Like the Arizona reply, Ohio has a rebuttablepresumption that children born during a marriageare the issue of that marriage. However, thisis rebuttable and DNA testing is now used to prove paternity. Legal action is required bothduring and after marriage. If paternity is proven to be the boyfriends, they would be responsible for child support in the future.