Legal Question in Family Law in Michigan

married/separated woman who became pregnant with my child

I was involved with a married/separated woman who became pregnant with my child,she refuses to let me see the child,since she was married the child is considered her husbands,what rights as the biological father do I have? Can she keep refusing me visitation? I have only seen the child 3 times in 4 years. I want to know what can be done!

Thanx


Asked on 5/15/07, 2:09 pm

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: married/separated woman who became pregnant with my child

Not much.

The courts are truly LOATHE (for obvious reasons) to go behind a marriage and poke about in the DNA of a baby that has a legal mother and father.

If her husband knows, then the three of you might sit down and mediate the issues of the child. If the husband refuses, you're out of luck.

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Answered on 5/24/07, 4:03 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: married/separated woman who became pregnant with my child

You would need to petition for a paternity test unless she admits you are the father and/or put you on the birth certificate. When her child was born during her marriage, it is automatically "presumed" that her husband is the father of the child (as you seem to already know). You can get the court to order the paternity test, which would then prove you are the father, which would then lead to establishing your visitation rights - and child support obligations.

Please let me know if you would like assistance with establishing paternity.

Thanks.

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Answered on 5/16/07, 8:35 pm


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