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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My brothers wife left him last year. She is now pregnant

Customer Question

My brothers wife left him last year. She is now pregnant with another man's baby. He is still legally married to his wife. Is my brother responsible financially for the baby?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - Whenever a child is born during a marriage the child is presumed to be the product of the marriage. Your brother can rebut this presumption by filing for a paternity test and refuting the presumption that he is the father. So long as he challenges the paternity of the child he should not have to be financially responsible for the child. I am assuming he plans to file for divorce. While he is married and there are no child support orders in effect he simply does not have any financial obligation to the child. The mother would have to file for support and then he can deny paternity.