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?


Asked on 11/06/97, 3:30 pm

3 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

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..

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Answered on 11/07/97, 4:04 pm
Kathleen Coughenour DeLaRosa Coughenour Law Office, P.C.

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.

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Answered on 11/10/97, 2:24 pm
James Hamilton Law Offices of James L. Hamilton

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.

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Answered on 11/11/97, 10:52 am


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