Legal Question in Family Law in Kentucky
Somone else's baby
my wife is pregnant w another mans baby. If I do not divorce her, what are my legal issues concerning this kid. There is no reason that I should pay the medical bills and use my insurance. What about the paternity, I do not want to be held financially responsible years later if i cant hold the marriage together. The courts will say that I provided for the kid i will continue to provide. How do i separate myself legally from this issue with out a divorce. If it matters we currently reside in KY.
1 Answer from Attorneys
Re: Somone else's baby
A child born within the covenant of marriage is presumed to be the legal child of the husband whether or not the DNA says the same thing. There is case law where a husband and wife has successfully precluded a biological father from asserting any rights to the child. There are other cases where the husband has succeeded in showing that he is not the father and not had to support the child, but these cases have occurred in the context of a divorce.
I believe you could file a legal separation rather than a divorce and accomplish what you are seeking and there may be a mechanism through paternity court to accomplish the same. However, this are of the law in Kentucky is in flux and you really should go see a family law attorney to talk through all the options and likely outcomes.
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