Legal Question in Family Law in Utah
In September of last year, I had an affair with a married woman. I am also married. In December of last year she tells me she is pregnant and it�s defiantly my child. We both told our spouses about the affair and pregnancy. I�ve work my issues out with my wife. She has worked things out with her husband. Her husband has accepted what happen and is willing to raise the child as his own. They have 5 other children. At the time of birth, they gave the child their family name. I believe they want to keep this secret in their family. I believe that only my wife and I, she and her husband know who the father is.
My question is what liability does either family have if the other decides to cause trouble? What can be done to ensure each families role remains the same in the future i.e. Mothers family having full custody? Thanks for any help with this matter.
1 Answer from Attorneys
Under the law, there is a rebuttable presumption that a child born to a married woman is the child of her husband. The possible problem which can arise is if the mother and her husband get divorced and the husband at that point disclaims paternity of your child due to his unwillingness to pay child support for a child which isn't his. While such a move on his part would be emotionally damaging to all of the children, it's something he might do. The only way to assure this won't happen is for you to formally establish paternity then relinquish your parental rights and consent to the husband legally adopting the child.
Another potential problem that could arise is if the husband, while willing to remain married to his wife and raise the child "as his own" may decide he wants you to contribute financial support for the child and have his wife file a paternity suit against you to collect child support. Such a move, however, would open the door to you seeking visitation with the child which they may not want to happen. Again, to foreclose such a possibility, I would recommend the adoption course of action.
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