Paternity Establishment: Understanding Paternity
Scenario #3: Woman Separated From Husband Has a Child
Carla and her husband Miguel have been legally separated for several years since he took a job overseas.
In her husband’s absence, Carla developed a relationship with another man named Jose. She became pregnant with his child..
.. and gave birth to a baby girl.
Since Miguel did not have access, it is common knowledge that he is not the baby’s biological father.
In this scenario, who do you believe is the child's legal father?
That's incorrect
The legal father is Miguel.
Even though Miguel was legally separated from his wife, and was overseas for three years and could not possibly be the baby's biological father, by law he is still recognized as the legal father since the child was born while he and Carla were still married. However, this presumption may be rebutted by clear and convincing proof that he and Carla were physically separated. In this case, either Miguel or Jose could file a paternity petition with Family Court to request a hearing and a genetic test to determine paternity