Legal Question in Family Law in South Carolina
who is the child's father?
a local girl and guy get married. she has a child who he adopts, and is pregant again. the second child is born and has his last name. when the child turns six years old he does a home paternity test and they child is not his. further testing shows the child is our son. who does she belong to?
1 Answer from Attorneys
Re: who is the child's father?
The facts you presented are not very clear, but I'll attempt to answer what I think it is that you're asking. For all children born during a marriage, the husband is presumed to be the child's legal father. If the husband believes that he is not the biological father, he can bring an action for divorce and name the suspected father as a co-defendant to have the Court address the paternity issue and name the other man as the legal father. This process is complicated and expensive, but sometimes people find it much better than supporting a child that is not his.
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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Asked 5/04/09, 7:05 pm in United States South Carolina Family Law, Divorce, Child Custody and Adoption