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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12440
Experience:  Attorney experienced in all aspects of family law
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8 years ago I had a child with another man other than my husband.

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8 years ago I had a child with another man other than my husband. I did not know until yesterday that my husband was not the father. what do I do? where do I begin? My exhusband has been paying Child Support for my son for about 6 years and hes not his child. I feel horrible.
Hello there:

he cannot sue you nor can he press charges against you. In fact, as far as the law is concerned, the child is still your husband's even if he is not the biological dad. Bio-dad has no rights at this point; your husband is the only father that your child has ever known and he is "dad" under the law. This is not the Maury Povich Show; this is how it works. The reasons for possibly telling your ex would be ethical reasons, not legal reasons.

I hope that this helps.
Customer: replied 6 years ago.

So what do we do about all the child support he has paid? Wont we have to go to court and get it re-adjusted?

 

Thank you

Nothing will change with regard to support. Your ex-husband is the child's father in the eyes of the law, and will be treated that way regardless of what his DNA says. Period.
Customer: replied 6 years ago.

So lastly, is there anything you can think of that I need to do legally before I tell him?

I appreciate this so much. I may be able to sleep now...

He is the dad. Bio-dad is a sperm donor. I would just encourage you to give it a week and ask yourself: will he or my child really benefit from having this knowledge? You cannot un-ring this bell and 8 years have already passed; another 7 days will not change anything.
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