Legal Question in Civil Rights Law in Louisiana
I am married and got pregeant for another man, I had the baby and now the other man wants his parental rights. I'm still married and my husband name is on my childs birthday certificate. Can my husband sue the other guy for emotional distress? Can this other guy get any rights to my baby?
Asked on 4/20/10, 10:02 am
1 Answer from Attorneys
Nick Pizzolatto, Jr.
Pizzolatto Law Office
I assume if he sues the other man, he will sue you as well. The strongest presumption of paternity is the husband of the mother, however, that can be overcome if the bio dad files a paternity action and after DNA proves he is the father, he must prove he is ready willing and able to provide for the child. If successful, that would mean he gets visitation and will have to pay child support.
Answered on 4/25/10, 4:23 pm
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