Legal Question in Family Law in South Carolina

Bad Situation

I recently had an affair and have become pregnant. I am 100 % sure that my husband is not the father. Everyone is aware of the situation and the man I was having an affair with is excepting the baby. Can his name go on the birth certificate or since I am still married to my husband will his have to be placed on the certificate?


Asked on 5/28/08, 7:57 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Bad Situation

If you are married, your husband is presumed to be the legal father of all children born during the marriage. You will need to have the Family Court make a finding that your husband is not the father and that the boyfriend is the child's father.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 5/28/08, 9:07 am


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