Legal Question in Family Law in New Jersey

who is the legal father

a legally married couple separate but do not divorce. She becomes pregnant by another man. Who is the legal father? her husband or the biological father? Who is responsible for the hospital bills covering the baby's birth? There is no legal separation they just decided to live apart.


Asked on 9/12/03, 6:50 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: who is the legal father

A dna test will tell who is the father. You can call me aat 800 273 7933 to discuss this matter further.

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Answered on 9/12/03, 10:40 pm
Curtis Romanowski Romanowski Law Offices

Re: who is the legal father

There is a legal presumption (a rebuttable one) that pregnancies occurring during a marriage in NJ are the product of the union of the married couple.

This can be rebutted by testimony or scientific evidence or both.

There is no legal separation in NJ. There will be the opportuinity for a paternity hearing.

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Answered on 9/16/03, 4:21 pm


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