Full question:
My wife had an affair while I was deployed and is now pregnant by this guy. We are going to get a divorce, but due to her spending all the money while I was gone, I can't afford to hire a lawyer. If she has the baby before we are divorced, am I responsible for this child?
- Category: Paternity
- Date:
- State: Georgia
Answer:
Generally, a child born while a couple is married is presumed to be the legitimate child of the marriage. Howeever, if pregnancy existed at the time of the marriage and a divorce is sought and obtained on that ground, the child, although born in wedlock, will not be presumed to be legitimate. A paternity action may be brought to prove paternity. When a person is determined to be the biological father in a paternity action, the court can make a child support order making that person responsible for support, regardless of whether the person is married to the mother.
However, if Parents are legally obligated to provide their children with all the necessities of life. The failure of parents to marry does not affect their responsibility to support their children. If parents are unmarried and cannot agree upon how much each should contribute toward the support of their children, the courts may decide. A court can order one parent to make specified payments to the other for child support. State laws provide that biological parents make all the decisions involving their children, including education, health care, and religious upbringing. Parents are not required to secure the legal right to make these decisions if they are married and are listed on the child's birth certificate. However, if there is disagreement about who has the right to make these decisions courts can decide.
The court may order the father to pay child support and the reasonable expenses of the mother’s pregnancy and confinement. The court may limit the father’s liability for past support of the child to the proportion of the expenses already incurred which the court deems just.
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.
