If my wife cheats and has a child that is not mine, am I legally assumed to be the father?

imthebonus · 2022-10-01T18:43:27+00:00

Makes no sense, if I sleep around and father some kids, my wife is on the hook for them too?

Umakemyheadswim · 2022-10-01T21:56:51+00:00

One reason why men should not get married.

FudgeGlass9758 · 2022-10-02T00:00:35+00:00

Strange that feminists don't argue against this despite the implications about women 🤔

If there's no man to take care of her, she can't do anything herself. Therefore, she should receive support from the man she cuckolded until another man comes to support her. She is clearly incapable of doing anything herself.

You'd think that they'd be up in arms about this 🤔

Fun-Fortune-7085 · 2022-10-01T17:24:51+00:00

not just US.. this is the case not only in every western country but many developing countries like india as well

HannibalsProtege · 2022-10-01T23:11:38+00:00

I was just watching Jeff Younger speak about this same subject last night on YouTube. The U.S. family court system advocates for this through Title IV-D and divorces. Men have no protections under the law in any of the lower 48 states.

Legally the court will do it's best to tie you to the child despite having evidence to the contrary and your only recourse would be to maybe have an empathetic judge. Even after divorce the courts will STILL use you as an ATM for spousal support.

Chris_Hot · 2022-10-01T20:53:29+00:00

We need to change these laws, they were made before affordable $59-99 DNA tests. The proven biological father should be made responsible for child support.

xMrjamjam · 2022-10-02T00:26:55+00:00

Pretty sure your only way out is to flee the country and start a fresh.

Your other option is to become a wage slave for someone elses seed

DouglasMilnes · 2022-10-01T23:13:51+00:00

Law that makes the husband automatically the father is widespread. It started back in the 14th(?) century from a papal (autocorrect wants that to be PayPal!) decree.

The rational back then centered around the concept that a husband was responsible for all of a wife's behaviour (look up coverture as an example). In days when nobody could know for sure who's baby a woman gave birth to, it was socially cohesive to dump the problem on the husband, leaving him to love/control his wife well enough (many failed, as DNA evidence indicates).

From the days where blood type inheritance was understood, the old system started falling apart. Now that it is trivially cheap to get a DNA test, the old system should be scrapped entirely, compulsory DNA testing should be done and every man should be liable for all his own genetic offspring (regardless of who the mother is) plus any children he formally adopts .. and never any more.

In many jurisdictions, it is effectively illegal to get a DNA test without the mother's approval. Cheating mothers don't give approval.

Many jurisdictions leave the father out in the cold in terms of rights unless he is married. Either way, the assumed father is burdened with responsibility. So, if you want to protect your fatherhood rights, you may have to get married - and suffer the consequences if your wife chooses to sleep around.

Researchers on genetic illnesses are aware that when they ask us to name our genetic father, one in seven of us will name the wrong man. One in two marriages end in divorce and almost nobody getting married thinks it will happen to them.

kamyarni · 2022-10-02T02:34:39+00:00

Men are just ATM in eyes of these women!

Simply men or women (human) tend to be lazy, so if any of them become powerful, they will change law in favor them! The question is : if men dominated this planet why they don't have the Power!

JackHoff13 · 2022-10-02T02:04:34+00:00

I believe you are presumed to be the father until you can prove otherwise with a paternity test.

Once you prove otherwise you are considered to not be the father and will have no responsibility over the child. Making divorce easier.

Boys. Always get a paternity test. Females know 100% the child is theirs. Males don’t have this luxury. Set your self up legally.

GloryToChadlantis · 2022-10-01T21:42:39+00:00

This is why we should be lobbying our Congress.

This is why we shouldn't incentivise bad behavior.

This is why MGTOW is growing. Not a fan of MGTOW but I do understand.

Diesel-66 · 2022-10-01T17:52:44+00:00

You would need to challenge it right away, but yes the husband is assumed to be the father.

jacare_o · 2022-10-02T00:41:01+00:00

I’d get a paternity test on all kids, and if none are yours, leave them to the the cheaters decisions.

LagerHead · 2022-10-01T21:59:06+00:00

Law or no law, she wouldn't get a dime from me.

WingsofSky · 2022-10-02T01:57:04+00:00

First things first. Go with paternity tests from two different companies. Maybe even three.

https://www.divorcenet.com/resources/divorce/spousal-support/cheating-spouse-alimony-kentucky.htm

benamiark · 2022-10-02T01:44:52+00:00

It's the price men pay for not proactively trying to change the law.

jacare_o · 2022-10-02T12:33:34+00:00

It's early so I'm not going through and linking the authorities. , But I worked in family court in Florida for 15 years.

Married men can absolutely contest paternity of children, we even have it's own case type. We will actually issue a new birth certificate without the man's name if he's found not to be the father and wants to divest his legal rights.

I've witnessed this thousands of times.

user-and-abuser · 2022-10-02T02:49:35+00:00

State lawyer will know more. But ye divorce or not signing the paper work at birth .

dixieStates · 2022-10-02T04:41:34+00:00

Yet another reason why men should avoid the marriage trap.

HYPED_UP_ON_CHARTS · 2022-10-02T05:10:04+00:00

dont get married!! theres zero benefit to men getting married

ScaryHitchhikerStory · 2022-10-02T07:58:50+00:00

I know there have been several cases of men tricked into paying child support for a child who isn't theirs.

https://www.firstcoastnews.com/article/news/man-forced-to-pay-child-support-despite-dna-test-proving-he-is-not-the-father/77-f0f77af5-409c-40e4-8c6e-3336123e1f85

https://nypost.com/2017/07/23/man-ordered-to-pay-65k-in-child-support-for-kid-who-isnt-his/

https://mtlawoffice.com/news/man-in-michigan-owes-child-support-for-child-who-isnt-his

https://www.youtube.com/watch?v=rIektQ__EGw

https://www.newson6.com/story/5e35ffce2f69d76f6203020b/ok-man-ordered-to-pay-child-support-despite-not-being-father

Hallitsijan · 2022-10-02T08:48:17+00:00

In my country (Belgium), the husband is also considered the default father, but there's one way out. The problem is that it's not all that easy and has several conditions.

IF you can prove that the kid isn't yours (through DNA testing or otherwise, as long as it's accepted as conclusive proof by a judge), AND you have divorced the mother, AND the decision is made before the kid is 6 years old, THEN you can be removed as a parent of the child.

Source: I knocked up a married woman when I was still a dumb college kid and when she finally admitted it years later to her husband, the two of them decided to stay together but still came after me for child support. I won that case. Note this was some time ago, I have no idea if it's still our current law.

Busy_Reporter4017 · 2022-10-02T10:59:49+00:00

Has anyone appealed up the legal chain? This issue should go all the way up to the SCOTUS.

alclarkey · 2022-10-02T01:04:08+00:00

Here's an interesting thought. Would it be possible to sue the child's bio dad for the child support you have to pay? Any lawyers in here got an opinion?

aerial_coitus · 2022-10-02T00:49:04+00:00

In most jurisdictions, yes.

SpookieDookie483 · 2022-10-02T03:31:55+00:00

Yup if you are married. You'd have to get a DNA test otherwise.

Amjafg · 2022-10-02T05:17:51+00:00

Well to be honest it’s shitty law

Puzzleheaded-Lab-165 · 2022-10-02T10:50:49+00:00

Another reason men should never get married

Puzzleheaded-Lab-165 · 2022-10-02T10:56:12+00:00

In Illinois, a husband wanted to raise an illegitimate son. His ex got child support from both men. One from ex husband and the other from biological father. Both had to pay full amount of child support and split the time with child.

Busy_Reporter4017 · 2022-10-02T10:59:41+00:00

That's what happens when misandrist feminists write laws!

Rough-Area4765 · 2022-10-02T11:36:39+00:00

Part of the corruption with the child support system is that each state collects about 66 cents in reimbursements for each dollar going through the state’s collection agency. That’s under a social security provision that was signed in 1974 known as Title IV-D. In addition, in my state (Texas), the judicial retirement fund is funded from that money also. So, it benefits the state to issue child support orders, the judges that have complete authority to do so and the mother who wants child support.

The only person not making money in this equation is the poor schmuck man who got fooled into marriage and popped a couple of kids.

I am in the child support slavery system, and let me tell you, there is nothing more humbling than getting those monthly email reminders from the state of texas that they are withdrawing money on the 1st and there is nothing I can do about it.

Men, don’t marry and don’t have kids. It’s a slavery system and there are no protections for men at all in the system. Nothing. You are simply an ATM to the state, courts, ex-wife, attorneys…etc.

jacare_o · 2022-10-02T12:23:52+00:00

That's Kentucky for you. The family law system here is terribly skewed in favor of women while at the same time it is largely a pro life state. I swear laws are created here for the express purpose of keeping people poor and ignorant. But if you are poor, you didn't work hard enough.

sharksville · 2022-10-01T22:31:22+00:00

If I was in your shoes, I don’t care about the law. All I care about is whether or not the child has half my dna or not. I’m not going to assume responsibility for someone else’s child. If the judge or lawyer or who ever from the law is concerned about the child then they can go raise and fund that child’s upbringing themselves. I’ll actually say this to them to their face. Why don’t you go take care of that child instead of telling me to. They obviously don’t care about the dna match so why not them. I care about my biological children and I’ll take responsibility for them and raise them. No law enforcement would dare make me pay even a single cent on that child that’s not mine

michaelpaoli · 2022-10-02T07:27:08+00:00

Varies by jurisdiction. But for many/most, yes, husband is presumed to be father unless, e.g. wife declares otherwise. Hmmm, but what if the kid is yours, but the wife declares otherwise?

Anyway, if there's any serious question about it, best to get a legally admissible paternity test done, and as soon as feasible.

Also, many jurisdictions, if paternity isn't challenged in some reasonable period of time, that mostly can't be legally changed later ... and yes, that might be legally (un)fair for the (not) biological father and/or husband ... but too much delay on settling such also is grossly unfair to kid - so such ought be settled as soon as feasible, and not, e.g. years after the kid is born. Basically if there are questions/objections, raise them early, follow through, and definitively find out. Don't wait, and especially don't wait too long.

Kentucky found out that, if I am married, I am legally responsible for any children that my wife has while I'm married, even if the child is biologically not mine.

Dig further ... there are probably exceptions to that. Maybe try a actual legal advice.

QuirkyMacaroon7999 · 2022-10-01T21:47:53+00:00

I have done detailed research on this topic.. way more than U . I always advice to take DNA test within first few months of kids birth so that you have a ground to stand on. As for two years limit, majority o states have this law. Plz search it and contact lawyers

The_Real_PMC · 2022-10-02T03:01:01+00:00

Children are not considered yours but you maybe forced to pay for them still.

QuirkyMacaroon7999 · 2022-10-01T21:34:49+00:00

https://www.ljohnsonfamilylaw.com/blog/2019/10/contesting-paternity-in-kentucky/#:~:text=If%20the%20second%20set%20of,just%20anyone%20can%20challenge%20paternity....here is another one

QuirkyMacaroon7999 · 2022-10-01T21:02:26+00:00

Not exactly... Although U r presumed to be the father but this presumption is rebuttable within 2 years of child's birth if you prove by DNA test that the kid is not yours. However if the timing exceeds 2 years, then U r on the hook for next 16 years..

xcheshirecatxx · 2022-10-02T03:59:26+00:00

Not if you act fast. You have like 2 years to dispute paternity

Nathaniel66 · 2022-10-02T04:25:48+00:00

In France it is illegal to make a DNA test. You do it, and it's financial penalty + jail for you.

YesYesYesVeryGood · 2022-10-02T09:46:12+00:00

If you signed the birth certificate, you are legally the father even if you are not biologically.

There are court cases where men have divorced their wives in result of the paternity test showing it is not their child. You can divorce someone because of infidelity.

IngenuityOnly1187 · 2022-10-02T11:29:45+00:00

Darkhuman015 · 2022-10-02T16:34:59+00:00

Wait, what if 2 married couples take turns? Who’s caring for who’s child?!

If my wife cheats and has a child that is not mine, am I legally assumed to be the father?

Comments

Marxist huh! Is that why your comment is provably #false?

Title	If my wife cheats and has a child that is not mine, am I legally assumed to be the father?
Author	jacare_o
Upvotes	425
Comments	173
Date	October 1, 2022 4:56 PM UTC (3 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/xt0d4s/if_my_wife_cheats_and_has_a_child_that_is_not/
Archive Link	https://theredarchive.com/r/MensRights/if-my-wife-cheats-and-has-a-child-that-is-not-mine.1133215 https://theredarchive.com/post/1133215