I am married but pregnant with another man's child, what legal right does my husband have?
Question Details:
I am married, but pregnant with another man's child. I am told in NYS my husband is now the legal father of my baby. My husband and I don't live together and I don't want him anywhere near her. I know I can't put the real father's name on the birth certificate, but do I have to put down my husband or can I put father unknown? What are my legal options at this point? If I can put father unknown, will my husband be charged child support if I need to get financial help such as WIC or Medicaid? I am really worried that he will try and take her from me or want visitation just to be spiteful.
You should definitely consult with a local attorney. The answer partially depends on how long you have been separated from your husband and when the child was conceived. Legally, the courts prefer to infer that children born during a marriage are products of the marriage. There is a way to fight and object that presumption, but it is also important that you don't hold the child out as a product of the marriage. You should be able to put child unknown on the birth certificate, but DSS may try to come after your husband unless you provide the name of the actual father.
