If I took on the role of father to a child born through an affair during my marriage. and I’m the only dad she knows but now I’m divorced, do I have to pay?

I’m on the birth certificate but there’s no denial that I’m not her biological father. I just want to know if I can get the state off my back, since my ex-wife will likely be on foodstamps forever. I want to be there and support my child however I want it to be on my terms and between my ex and I. The biological father has made remarks about trying to come into my daughters life but we don’t know how serious he is. What should I do? What are my options?

Asked on July 18, 2012 under Family Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as you are designated on the minor child's birth certificate as her father where for all intents and purposes you are not the biological father you would be under the laws of all states in this country responsible for child support for this child. The only exception would be that you go through a process of DNA and blood testing showing that you are not the father of the child and that the other man is the biological father of this child.

In retrospect, contesting paternity for this minor could cause a lot of harm to her in the long run by you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.