If my wife gives birth to a child that is not mine while we are still married, am I responsible for paying child support for the child once we get divorced?
How difficult will it be to get custody of my son if my wife has this other man’s child before our divorce is completed?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and paternity laws where I am licensed to practice.
If the child was born during the marriage, then the child is a child of the marriage and you are presumed to be the father of the child unless someone else can be brought into the case and be shown to be the biological father of the child.
Where I practice, the argument for requiring a man to support a child of whom he is not the biological father is that it is in the best interests of the child to be supported, even if the man required to support the child is not the child’s biological father. If the child was born during the marriage, you have a duty to support the child until another individual is named as the father of the child in court.
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Since your son and the child are siblings, the court is unlikely to grant custody on the grounds that your wife had a child with another individual. Additionally, the court may try to keep the children together at least for a significant amount of time.
Child custody decisions for the children will be based on what would be in the best interest of each child and will be based on a variety of factors.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.