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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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My wife had an affair and got pregnant. The other man now

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My wife had an affair and got pregnant. The other man now wants to be added to the birth certificate when the baby is born. Is there any way that he could force that to happen? My wife had a paternity test done, which he has a copy of showing that his is the biological father.

I am trying to rebuild my life with my wife and want to do all that is possible to keep him out of our lives. He does not have any financial means and would most likely not be able to cover any legal costs. However, we have means to fight this to the bitter end with the best attorneys in DC if necessary.
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The general presumption in the law is that the husband of a married woman is legally the father of her child. That presumption, however, can be rebutted by DNA evidence that someone else fathered the child. If he is the biological father, he unfortunately does have rights to seek joint custody or visitation so that he can establish a relationship with his child. As the husband, your rights are limited.

Custody is determined based on what is in the best interests of the child. Your wife will be able to introduce evidence that it will be best for the child to be raised within the circle of two married, loving parents as part of a cohesive family unit. She can try to find experts to testify that allowing the other man to assert himself into the family unit as the biological father would be detrimental to the child. If you have other children, there's an argument that the children benefit from believing that they all have the same natural parents and being raised as part of one nuclear family. I have seen cases in this area in other states that have been successful, so if you have a lawyer who can do the research, you may be able to come up with something. It's a long shot, but I have seen judges rule in favor of preserving the family.

A good place to find an attorney is http://www.martindale.com. They have reviews and ratings which can help you make a decision. It's usually a good idea to talk to a few different lawyers before choosing one, so you can find someone you're comfortable with.

One thing that you should be aware of, though. If you win this case, and ultimately are not able to work things out with your wife, you will be responsible for paying support for this child until he turns 18, because you will have voluntarily assumed an obligation to do so. I sincerely XXXXX XXXXX you never need that information, but I do feel that it should be mentioned.

Please rate my service positively before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 21080
Experience: Attorney with experience in family law.
Lucy, Esq. and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much for your detailed answer. I don't believe that he would ever take this case to court to force paternity or visitation rights. As of now, he has said that he will not do that. However, he has asked to be on the baby's birth certificate. Is there any way that could happen?


 


As I understand it, it seems he has not done any research on the matter. My understanding is that no matter what there is no way that he can be added to the birth certificate However, once the child is born, if he is dead set on that, could he go to court and simply ask a judge to add him to the birth certificate?


 


Thanks again,

Expert:  Lucy, Esq. replied 2 years ago.

If he has a paternity test that establishes that he is the biological father, yes, he can have the birth certificate corrected to show that. It's important for the birth certificate to be accurate, in case any genetic or medical issues ever arise. So, he'll be able to have it changed.

The birth certificate application is typically signed under penalty of perjury, so it's actually a crime to knowingly make a false statement on the application - it's essentially falsification of government records. I don't know that he would actually go to the police, or that they would prosecute her if she listed you as the father, but it is theoretically possible. She should read the form very carefully to see what it says before inputting any information.

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