Legal Question in Family Law in South Carolina
child of an affair
My husband of 17 years had an affair, and a baby supposedly resulted from it. We have decided to work out our marriage because we have alot of years invested in it and we have a 10 & 13 yr old together.We contacted the other woman about getting a DNA test, which she doesn't want, but she demands child support, she wants us to provide insurance for the child, and so on. Can she have child support taken out on him before paternity is proven?Also, what is your advice on the best way to handle this matter if my husband decides to be a part of the child's life or if he decides not to be? I would appreciate any advice you can offer.
1 Answer from Attorneys
Re: child of an affair
If she tries to force him to pay child support, he will have the opportunity to ask for a paternity test. That is true whether she goes through D.S.S. for child support or brings an action against him herself in Family Court.
However, it is VERY important to note that he only gets ONE opportunity to ask for a paternity test, and if he does not do so at that time, he will not be able to seek one later.
If he wants to be involved in the child's life, he can bring an action agsint her in Family Court for visitation (or even custody), and the Court will most likely grant him visitation unless there is a compelling reason not to do so.
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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