Legal Question in Family Law in South Carolina
questionable paternity of child in marriage
In South Carolina, if a married couple has a baby where the mother puts last name of husband on birth certificate and later said the baby wasn't his but someone else and is now requesting a hearing for child support from possible father, does the husband have to be automatically excluded first before any hearing can take place.
2 Answers from Attorneys
Re: questionable paternity of child in marriage
Correction to previous answer: first line should read "the husband of the mother of a child born..."
Re: questionable paternity of child in marriage
In Virginia, and, probably, also, in South Carolina, the husband of a child born during marriage is presumed to be the father. However, this is what's referred to in the law as a rebuttable presumption, and, if the biological mother of the child credibly believes another man other than her husband is the father,
she can file her suit to establish paternity
and child support against this person without first eliminating her husband, if she has sufficient facts to buttress her claim.
At the scheduled hearing the court will determine whether there are sufficient facts supporting the mother's claim to order a paternity test for the alleged father, the results of which should be dispositive of this
person's liability to pay support.
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