Iv been separated from my wife for 4 months, n now she got pregnant buy another man, what rites do I have?

UPDATED: Mar 14, 2016

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 14, 2016Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Iv been separated from my wife for 4 months, n now she got pregnant buy another man, what rites do I have?

Wat writes do I have

Asked on March 14, 2016 under Family Law, Oklahoma


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since you are still married and your wife is pregnant, she could potentially file for divorce and ask the court to order you to pay temporary support as the 'presumptive father.'  However, your defense to her request would be that you are not the father and there is no way that you could be the father.  You would then ask the court to bring the real father into the suit and order him to pay any needed support for the child.
If you fail to assert this defense, then you could officially be adjudicated the father of this child.  Once you are 'legally' declared dad, then some courts will not let you undo that determination later.  The theory is that the courts do not want to make children parentless at a later date.  If you are 'legally' declared dad, then you will be required to pay support for this child until it reaches adulthood.  If you are 'legally' declared dad, then you will also have the rights of any other biological dad.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption