If a man is still legally married but been separated from his wife and she has a child with someone else, is the husband still legally responsible for that child?
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If a man is still legally married but been separated from his wife and she has a child with someone else, is the husband still legally responsible for that child?
Asked on November 12, 2012 under Family Law, New York
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depends on the jurisdiction. The assumption is a child born while married is assumed to be the child of the husband unless otherwise shown. If you are separated, you must indicate to the court (assuming there is a separation order) that you are not the biological father. If the wife insists you are, you should seek a paternity test to absolutely exclude you from responsibility.
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