Legal Question in Family Law in Ohio

Mother had child while married

The mother was married when she had the child. She got pregnant before being married. She says it is mine. If the man she married is determined not the be the father, is he still liable or considered the father since they were married when the child was born? Thank you.


Asked on 3/04/99, 1:13 pm

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: Mother had child while married

There are many presumptions in this area of law. the paternity of a child during marriage is one of them although it has been a long time since I have encountered this particular problem. I believe that is the correct rule (paternity is imputed to the husband of a child born during wedlock), however. But there is an important caveat here. It's only a presumption. The blood test can prove anything and you or her could file a paternity (oops, I meant to write "action to establish parent child relation) action to disprove that presumption.

Jonathan Schiff

Self employed

605 Rose Hill Ave


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Answered on 3/04/99, 10:13 pm


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