SPARC Forums

My husband married his ex wife because she was pregnant. When his son was born there were questions (which were never voiced formally because he fell in love with his son immediately) as to whether this was really his son. The child is now 9 and is suddenly asking questions about why he doesn't look like his dad.

My husband's ex wife is a very vindictive woman and recently has gone through her second divorce because her 2nd husband was using drugs. She believes the break up was because of the stress my husband put on their marriage trying to protect the kids from a druggie step dad. So I'm worried that she is saying things to the son to arouse questions about his dad in an effort to hurt my husband.

Here's my question. She has never outright said that the child is not my husbands, so if she now decides to drop that bomb and get testing and he turns out not to be the father, would my husband still have rights to visit his son? He is the only father that this kid has known and it seems as though he should have rights. Now don't get me wrong, we don't want to pursue any of this, I just want to be prepared in case this is what she is planning.

 Any advice?

Most if not all states have whats called Presumption of Paternity.  If they were married when the child was born, then your husband is the father in the eyes of the courts, whether he is the bio father or not.