What to do if I’m married an had a baby with another man while married and I want to get child support from this man and put him on the birth certificate?

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What to do if I’m married an had a baby with another man while married and I want to get child support from this man and put him on the birth certificate?

My husband is on the birth certificate now.

Asked on November 21, 2012 under Family Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A child born in marriage is assumed to be the husband's. If your husband has chosen to take this child in as his own and is on the birth certificate, then the assumption is it is his child.  However, the biological father does have rights and you risk a pretty hefty suit from that biological father if a) he chooses to force a name change, and b) sues for custody (partial or full) and/or visitation.  The child support will not happen if you have some other person on the birth certificate with the pre-existing legal presumption.  You will need to file and you will most likely need to pay for a paternity test in order to establish true paternity.  Again, keep in mind, this may not be a one way suit...should the father want custody or visitation, a countersuit could be filed that if paternity is established, he would like certain things to happen. 


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