Understanding Court: Married Women and Paternity Cases
By law, when a married woman has a baby, the husband is automatically considered to be the father of the baby
. This is not usually questioned unless something happens to cause him to doubt paternity. It can also become an issue if another man thinks he is the baby's father and wants to establish paternity.
If you and the mother are willing to sign an affidavit stating that you are the father, it can be settled out of court. The husband is still in the picture, though, and you need to remember that. He has to be willing to sign an affidavit stating you are the father, too. And he may not want to do that.
If the husband wants and loves the child, he may not want to give them up. And very few women are actually going to admit the baby is not the husband's. This is the point where testing would be required and you would need to go to court to settle the issue.
Paternity issues can be difficult to deal with when the woman is married. And keep in mind; you will be required to pay child support even if she is well supported. You might end up with some visitation and custody rights, but there can be difficulties.
Make sure you are clear on what you want to do if you believe you are the father of a child with a woman who is married. You have to have some very well-established, clearly laid-out goals when it comes to being a part of the child's life.
Understanding Court: Married Women and Paternity Cases