v29 – Legally Married & Your Spouse has a Child? You are Assumed the Father

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Back to Divorce and Family Law Videos

Video Script Below

“Did you know that if you’re legally married and your wife has a baby, even if it’s not your biological child the law presumes that you are the father? I’m Steve Kramer. I’m a Florida family law and divorce attorney. And let’s talk about this. Let’s say that you and your wife haven’t lived together in 3 years and you’ve not been romantically intimate during that entire time, you haven’t even been close to each other. Right? Well she gets pregnant and then she has a baby and she files for divorce. The law (the court) is going to presume that you are the father. And then what you’re going to want to do is probably file a petition to contest the paternity – to actually show that you’re not the father and to overcome that presumption. And you definitely want to do that if you don’t want to pay child support and if you don’t want to be on the hook for being someone’s father legally when you’re not. And this isn’t something that happens a whole lot so I can’t tell you that I’ve done a lot of these cases. But I have dealt with it in the past and I’ve handled many other legal issues. And if you have any questions relating to this type of situation or any other family law or divorce question, give me a call. Pick up the phone. I’m Steve Kramer, thanks for watching.”

Related: Paternity Rights, Child Support, Child Support Modification, Child Support Enforcement

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