Can paternity be established under presumption based on the conduct of the person towards the child?

Full question:

I live in Wyoming with my boyfriend. We have a baby together and my boyfriend has been performing all the responsibilities of a father. At present, our child is 4 years old. How can I establish the paternity in this scenario?

  • Category: Paternity
  • Date:
  • State: Wyoming

Answer:

In Wyoming if a person lives with the child for the first two years of the child’s life and openly declares that the child is his own, then the law may presume that he is the father. The relevant statutory provision in this regard is stated below.
Wyo. Stat. § 14-2-504 reads:
“(a) A man is presumed to be the father of a child if:
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(v) For the first two (2) years of the child's life, he resided in the same household with the child and openly held out the child as his own.”
 
In the given instance, paternity may be established on the basis that your boyfriend has stayed with you and the child for the first two years of the child’s life and has openly held out the child as his own.

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.

FAQs

Yes, a father can establish paternity without the mother's involvement in Wyoming. This can be done through a court order or by signing an affidavit of paternity. If the mother is uncooperative, the father may need to file a petition in court to establish his paternity rights. It's advisable to seek legal assistance to navigate this process effectively.