Full question:
I married a woman that illegally came into the United States. She is still married in Brazil. She is now pregnant and I'm not sure it's my child. What should i do?
- Category: Paternity
- Date:
- State: Connecticut
Answer:
Typically, a married woman's husband is presumed to be the father of a child born during the marriage. However, the validity of your marriage may be questioned due to her existing marriage in Brazil or potential immigration fraud. If you believe you are not the father, you can initiate a paternity action in the state where the mother or child resides.
Children born out of wedlock have the same rights as those born within marriage. Unmarried fathers have similar rights and responsibilities as married fathers. If you and the mother are not married, both parents should ensure they are recognized as legal parents, which includes being listed on the birth certificate. If a father is not listed, he may still be added later by contacting the state Bureau of Vital Statistics.
To establish paternity, you can acknowledge it by signing a written admission or by filing a civil lawsuit. A court may require a paternity test if there is sufficient reason to question parentage. If ordered, the mother, child, and alleged father will be tested at a designated facility.
In most states, if a child is born to an unmarried mother without a paternity adjudication or registration, the mother has custody. Even after paternity is established, the mother often retains custody unless a court orders otherwise. Unmarried parents without custody have the same visitation rights as divorced parents, unless there are extraordinary factors like abuse.
Once paternity is established, you can seek custody or visitation rights. Courts will consider the child's best interests, including factors like parental fitness. If you and the mother cannot agree on paternity, custody, or child support, it is advisable to consult an attorney experienced in paternity matters.
Parents are legally obligated to support their children, regardless of marital status. If you cannot agree on financial contributions, the court may intervene to determine child support amounts. Biological parents have the right to make decisions regarding their children's education, healthcare, and upbringing. If there is disagreement, courts can resolve these issues.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.