Legal Question in Family Law in South Carolina

If a couple were married in NC, then separated in 2007 because of adultery, then the wife adulterer has a child in SC in 2010 with a man other than the husband, does the husband have any legal responsibility to the child? Lets say that the separation was not a legal separation, but the couple have not lived in the same residence since 2007.


Asked on 11/12/12, 8:52 am

1 Answer from Attorneys

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

The answer is possibly. Under SC law, there is a legal presumption that the husband is the father of all children born during the marriage. Therefore, in the situation you describe, the husband needs to act now to protect himself, rather than waiting and hoping that things work out for him.

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 11/12/12, 9:08 am


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