Full question:
I had an affair and got pregnant. I got back with my husband shortly thereafter. My husband is on the birth certificate. Now ten and a half years later the man I had the affair with wants rights to the child. Does he have any? If so what are they?
- Category: Paternity
- Subcategory: Married Woman
- Date:
- State: Kentucky
Answer:
The paternity laws in Kentucky state that a child born during a marriage is presumed to be the husband's child. However, this presumption can be challenged. In 2011, the Kentucky Supreme Court ruled that a third party could file a paternity action to prove they are the biological father of a child born to a married woman, despite the husband's name being on the birth certificate (J.A.S. v. Bushelman, 342 S.W.3d 850 (Ky. 2011)).
In your situation, the biological father from the affair may have the legal right to seek paternity. The court will consider evidence, including any DNA tests, to determine if he is indeed the biological father. If the court finds that the marital relationship ceased more than ten months before the child's birth, the child may be classified as born out of wedlock, which could strengthen the biological father's claim.
Ultimately, the court will assess the evidence presented to decide whether the biological father can establish his rights to the child.
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.