Legal Question in Family Law in Louisiana

Does Paternity Matter

When a child was conceived by another man during the marriage but the married man gives the child his name knowingly or unknowingly but raises the kid as his own for 6 years, who shall pay child support to the mother?


Asked on 10/03/08, 5:06 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Does Paternity Matter

The strongest presumption of paternity is the husband of the mother who gets pregnant and gives birth during the marriage. However, that presumption can be overcome with DNA. But until it is overcome, the husband pays. The more important matter is the fact the child has a right to know his father, and just as importantly, his genetic makeup for medical reasons. If the child has some malady and the husband's genetic and familial medical back ground is used to try to figure what the malady is, they will be using the wrong man's medical history. So, for the child's sake, I suggest you file a paternity action and have DNA performed on both the husband and alleged biological father.

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Answered on 10/05/08, 9:11 am


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