Legal Question in Family Law in New York
Who does the child belong to?
If a woman who is still married leaves her husband and lives with another man and becomes pregnant by the other man, who is the legal father of the child?
2 Answers from Attorneys
Re: Who does the child belong to?
The man who impregnated her.
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Re: Who does the child belong to?
A child does not "BELONG" to anyone.
But, any child born during a "legal" marriage is "presumed" to be the child of the parties' to the marriage. Thus, the husband is the father of the child born to his wife, unless and until a Court Order or Judgement, is entered establishing another man as the father.
Any of the parties interested may Petition for proof of paternity.
Good luck,
Phroska L. McAlister,ESQ
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