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:
In North Carolina, there is a legal presumption that a child born to a married woman is the child of her husband. This means your son would typically be considered the father and could be listed as such on the birth certificate.
However, this presumption can be challenged. A paternity test can be requested to prove that your son is not the biological father. If the parties agree otherwise, that may also influence the birth certificate, but a court may still order a paternity test.
If your son and his wife divorce, he may need to prove he is not the father through a paternity test, especially if there is no mutual agreement on the child's paternity.
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.