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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21379
Experience:  General practice of law with emphasis in family law.
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Mr and Mrs have been married for more than ten years.

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Mr and Mrs xxxx have been married for more than ten years. Mrs xxxx, Mr xxxx and Mr xxxx had a crazy party night a couple of years ago. Mrs xxxx had a baby a year ago. I found out that the baby daddy is Mr xxxx. Mr xxxx knew from the beginning that it was Mr xxxx. Mr xxxx is not aware of the fact he is the daddy. Mrs xxxx is not aware either, especially since she was not invited to the party. If the baby daddy found out, what kind of rights could he have? Mrs xxxx does not want to tell Mr xxxx. If Mr and Mrs xxxx get a divorce, will Mr xxxx have any responsibility to Mrs xxxx?

Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hi Thank you for presenting your questions to Pearl.com I will be the Pro who will provide you information 1 - First, there is a presumption of paternity. This means that when a couple is married the biological Father is always presumed to be the spouse. In order for Mr. xxxx to be deemed the bio Father one of the parties will have to file for a paternity test. 2 - These tests are rarely granted where there has been a marriage and a family with a Father who has bonded, formed a relationship and been emotionally and financially supportive. Most times, it would only be granted in the case of medical emergencies say where a child have a rare blood type and need a transfusion 3 -If Mr xxxx found out, he would have rights to file for a paternity test, but again see number 2 for the rest of the story 4 - Mr. xxxx will always be the child's Father - biological or not and will be responsible for his share of the child support regardless of the role of Mr. xxxx because he has to be deemed the Bio Father by the court as explained in 2 I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask. Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it. Thank You and good luck with everything

Customer: replied 1 year ago.

Mr. xxxx did a paternity test on his own shortly after the baby was born. The results were that Mr. xxxx is not the father. I am guessing by your response that Mr. xxxx would have to consent to a paternity test. Regardless Mr. xxxx has been acting like the father, everyone else views him as the father, so he would be responsible for child support if they were to get a divorce.

Expert:  Samuel II replied 1 year ago.

Hi Unless the test is court ordered and done by a court sanctioned lab the test is meaningless. And so therefore, Mr. xxxx is considered the Father. And, as such considered responsible for the support and well being of his children. And, yes, if Mr. xxxx filed for Paternity then Mr. xxxx could oppose it and the Court would have to hear evidence of why it is so important to disrupt the child's life and have Mr. xxxx deemed the biological Father. And, as I stated, if it is not for medical purposes, a court generally will not make such an Order I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask. Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it. Thank You and good luck with everything

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21379
Experience: General practice of law with emphasis in family law.
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