Legal Question in Family Law in Pennsylvania
baby is not husband's child--how to protect husband's rights?
I am married and now carrying a child that is not my husband's. My husband knows this but we are not seeking a divorce. If my husband's name appears on the birth certificate, would a DNA test be enough to dissolve him of any financial obligations and by the same token, custodial rights, if we were to get a divorce in the future? Can we make a contract now that will assure his idemnity in the event of divorce, so that we can work on the marriage without his fear of being responsible for a child that isn't his if things don't work out?
1 Answer from Attorneys
Re: baby is not husband's child--how to protect husband's rights?
A baby that is born within a marriage is presumed to be a product of the marriage. If he is listed as the father on the birth certificate it is pretty much over as to who the father is legally. The support obligation is for the child's benefit. An indemnity agreement might not work. I offer free consultations and would be happy to answer further questions if more information can be provided.
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