Legal Question in Family Law in Utah
affair=baby, what are my rights
Married man has affair with married woman. The woman says their is a chance she could be pregnant. It isn't it her husbands because he had a vasectomy. She says she will let them know. A year goes by and no news from the other woman about the pregnancy. She contacts the man she had an affair with and leaves a message on his voice mail at work. He calls her and she tells him there is a baby and that they need medical records? Why would they need medical records? He says nothing is wrong with baby. A couple of weeks go by and her husband calls the wife of the man his wife had an affair with. He asks if her and her husband are getting along o.k. Because apparently him and his wife are not. And asks for medical records. She has no idea what he is talking about. The baby he says. Her husband has not yet told her about his phone calls with these people. He tells her they have decided to raise the baby ''as their own''. He told the other man to stay away. He is trying to keep his family together. My questions are:Is he(the man who had the affair) obligated financially? Can they legally get medical records? Who's name goes on the birth certificate? Were they legally obligated to contact the other man when the baby was born?
1 Answer from Attorneys
Re: affair=baby, what are my rights
Generally if a married woman gives birth the law assumes the father to be the husband. If husband wants to contest, he has one year to file a determination of paternity. If the 'lover' wants to establish paternity, he must also file suit within one year of birth to either contest or prove fatherhood. The party named (or later determined) as father is financially responsible.
In Utah a woman does not need to contact the father about the birth. The mother usually provides the names on the birth certificate.
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