Legal Question in Family Law in Ohio

Rights to biological child

My wife had an affair and became pregnant from the man she had an affair with. She and I want to stay together as husband and wife and I want to raise the child as my own. Being we are married, and planning on putting my name as ''father'' on the birth certificate, is there any way the biological father can gain rights to the child? Or can my wife and I move on without any worries?


Asked on 5/01/06, 10:05 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Rights to biological child

Assuming the child is born during your marriage, that child is presumed to be yours. But that presumption may be overcome by the presentation of clear and convincing evidence. Both you and the mother are entitled to notice of the action, and can present evidence as to what is in the child's best interests. If the biologtical dad is ruled as such, he would be required to pay child support.

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Answered on 5/01/06, 11:56 pm


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