If I am pregnan but am legally separated from my husband and he is not the father, what rights does the father have?

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If I am pregnan but am legally separated from my husband and he is not the father, what rights does the father have?

Asked on January 26, 2013 under Family Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is true that if you are married at the time you give birth, the law assumes that your husband is the Father.  That assumption may be rebutted by a DNA test or by affidavits from your husband (of Non-Paternity) and from the father (of Paternity).  Once parentage is established he has the same rights as you do under the law with regard to the child.  Good luck.


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