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Proving paternity when the mother is married to another man

On Behalf of | Mar 2, 2017 | Child Custody

As a father, when you are seeking custody or even just visitation with your child, there can be many obstacles standing in the way. Of course, you’ll have to establish paternity before you can even get the ball rolling with requesting custody, but there are other things that can make this process extremely difficult. For example, the child’s mother being married to another man.

When two men are claiming to be the father of one child, this situation is tricky, but it can be resolved. Legally, it is assumed that the husband is the child’s father, so it is common for both the mother and assumed father to believe this. Should the other man want to challenge the belief that the husband is the child’s father, he can file a paternity petition. Following the filing of the paternity petition, with the help of the court, it can be determined who is the child’s biological father.

Once paternity is proven, if the assumption is invalidated, this doesn’t necessarily mean that the father will get custody. As in any other custody case, the courts will examine several factors to aid them in determining the best situation for the child. If the father having custody or visitation is in the child’s best interests, then he will be awarded accordingly.

Child custody is something all parents should take seriously. Regardless of whether the parents are married, the children should know who their father is, and their father should be allowed to have a presence in their life and build a relationship with them. If you wish to file a paternity action suit, it would be wise to get assistance from an attorney.



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