Full question:
My son and his wife have been seperated 6 months - she is now 4 months pregnant by a man she lives with. We live in North Carolina. Is my son considered the father of the child and listed as such on the birth certificate since they will still be married at the time of the birth?
- Category: Divorce
- Date:
- State: Alabama
Answer:
There is a presumption that a child born to a married woman is the child of the Husband. However, this presumption can be rebutted by a paternity test and possibly agreement of the parties (but a Court would probably order a paternity test). The name of the Father on the birth certificate can probably be determine by the wife. If there is a divorce, the son will have to prove that the child is not his via a paternity test if no agreement or even if agreement, if requested by the court.
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.
