Am I Responsible for A Child My Wife Had with Another Man?

 Posted on October 22,2024 in Allocation of Parental Responsibilities

Having a child is usually a happy occasion for both parents. When a child is born during the marriage, the husband is presumed to be the biological father. What happens when this presumption of paternity is challenged? What if the wife admits to her husband that she had an affair during the marriage and the child is not his biological child?

In some instances, the husband and wife may have been separated at the time of the conception and then decided to remain in the marriage. If the wife then realizes she is pregnant and that the baby does not belong to her husband, this creates a complex situation.

Whether you are the biological father, the husband defending your right to be legally deemed the child’s father, the husband denying the child is yours, or the mother fighting on either side of the issue, you need experienced legal assistance. Having a Batavia, IL paternity attorney help you resolve this issue can help remove some of the anxiety and stress from the situation.

What Are the Options When the Husband is Not the Biological Father?

Assuming the husband and wife decide they still want to be together, is the husband financially responsible for a child he knows is not his biological child? The law states that any child born to a wife while married to her husband is presumed to be his child, but in Illinois, the husband can sign a Denial of Paternity form to challenge this presumption. Even when there is no doubt that the husband is not the child's father, he can still claim the child as his own. The situation can be examined from the viewpoint of each of the adults involved:

What Decisions Can the Mother Make Regarding Paternity?

If the mother knows beyond a shadow of a doubt that the child is not her husband’s, she may:

• Choose to keep that knowledge to herself, in which case, the child legally belongs to the husband.

• Tell her husband, which might or might not make a difference in whether the marriage continues.

• Tell the biological father, who may choose to pursue parental rights if the husband signs a Denial of Paternity.  

What Decisions Can the Husband Make Regarding Paternity?

From the husband’s point of view, he can:

• Go with the presumption of paternity and raise the child as his own.

• File a Denial of Paternity and allow the biological father to pursue parental rights.

A Denial of Paternity form must be initiated within two years of the child’s birth. The mother and the biological father must sign a Voluntary Acknowledgement of Paternity to validate the Denial of Paternity Form. If this Voluntary Acknowledgement of Paternity is not signed by both biological parents, the legal responsibility for the child remains with the husband.  

Does the Biological Father Have Any Rights?

The biological father may or may not know that he is a dad, depending on what, if anything, the wife tells him. If he does know and wants to pursue parental rights:

• A Denial of Paternity on behalf of the husband must be submitted.

• The biological father must sign a Voluntary Acknowledgement of Paternity.

• A DNA test will be performed after the child's birth.

• The biological father could then pursue parental rights and would be financially responsible for the child.

Contact a DuPage County, IL Paternity Lawyer

As you can imagine, a situation like this can get messy fast. Having a St. Charles, IL paternity attorney by your side throughout can help ensure the protection of the child’s rights.  Attorney Matthew M. Williams focuses his family law practice on mediation and collaboration to make any family law issue easier and more amicable.  Contact an experienced attorney from The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule a consultation to discuss your paternity issue and have your questions answered.