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Can my son annul his marriage after discovering the child isn't his?

Can my son annul his marriage after discovering the child isn't his?

Full question:

My son married his girlfriend because she was pregnant with his child. 15 days after the marriage, he came to know the child was not his, can he annul the marriage?

Category: Marriage
Date: 04/07/2025
State: New York

Answer:

In New York, a marriage can be annulled if one party proves that the other party obtained consent through fraud or misleading information. According to N.Y. Dom. Rel. Law § 7, a marriage is void if:

One party is under the age of legal consent (eighteen years), although this does not guarantee annulment.
One party lacks the understanding necessary to consent to marriage.
One party cannot enter the married state due to a physical cause.
Consent was obtained through force, duress, or fraud.
One party has been incurably mentally ill for five years or more.

In this case, if your son can demonstrate that he was misled about the child's parentage, he may have grounds to annul the marriage.

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

What happens when a married woman has a child with another man?

When a married woman has a child with another man, the child is typically presumed to be the legal child of her husband, unless paternity is established otherwise. This can affect custody and support issues. If the husband believes he is not the biological father, he may seek to challenge paternity through legal proceedings. It's important to consult with a family law attorney to understand specific rights and obligations in such situations.

What happens if you get pregnant while still married to someone else?

If you get pregnant while still married to someone else, the child is generally presumed to be the husband's child under the law, which can lead to legal complexities regarding paternity and support. The biological father may need to establish paternity if he wishes to have legal rights or responsibilities. Consulting a family law attorney can provide guidance on navigating these issues.

What happens if you get pregnant with another man before your divorce is final?

If you become pregnant with another man before your divorce is finalized, the child may still be presumed to be the legal child of your husband unless paternity is established otherwise. This can complicate custody and support arrangements. It's advisable to seek legal counsel to understand your rights and obligations during this period.

What happens if I'm married but have a baby with someone else?

If you are married and have a baby with someone else, your spouse is typically presumed to be the legal parent of the child. This can impact custody, support, and inheritance issues. The biological father may need to establish paternity through legal means to assert his rights. It's important to consult with a family law attorney to navigate these complexities.

What happens if you have a baby with someone else while married?

Having a baby with someone else while married can lead to legal presumptions that your spouse is the child's parent. This can affect custody and child support matters. If the biological father wishes to establish parental rights, he may need to take legal steps to prove paternity. Consulting a family law attorney is recommended for understanding the implications and options available.