Who is the mother legally allowed to ask for child support? How? 5 Answers as of June 30, 2015

Two children were conceived and born (2004 and 2006). The mother was not married at that time. The mother was dating her now ex-husband at the time the children were conceived and born. The mother did not marry this man until 2005 and then they divorced in 2014. In the meantime, the mother was seeing the childrens' father off and on. At the time of conception, during and after both pregnancies the mother and childrens' father were still sexually involved and seeing each other. They were both in other relationships as well so at that time, the biological father and mother agreed that the mother would list the ex-husband's name on the birth certificates. The biological father and mother also discussed with each other and agreed they both wanted to do DNA tests on both children just to satisfy what they'd already believed. They just wanted to see it on paper. So they did it secretly and both tests concluded that he without a doubt are both children's father. Fast-forward to today, the mother is now suing the biological father for child support and the paternity is being challenged on the "say so" of the biological father that the mother was married at the time of conception/birth of both children. Who's the father? Who should the mother be asking for child support?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
There is a presumption that the husband is the father of children born to the wife during the marriage. That presumption may be overcome by convincing evidence, such as the DNA test. So the proven father is most often the person who should be paying support. However, courts in some states have held that if a 'father,' other than the biological one, has established a parental relationship with the child, then that person can be the one to pay support. Everyone involved needs independent legal advice.
Answer Applies to: Wisconsin
Replied: 6/30/2015
John Russo | John Russo
The father listed on the birth certificate is the legal father.
Answer Applies to: Rhode Island
Replied: 6/29/2015
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
Each child needs to be examined independently. The question has an inconsistency because it says the the mother was not married during both births but was married in 2005. Mostly likely, the husband will be the legal father of the second child if he was married to the mother. The bio-dad may be the legal father of the first child if the mother was not married. Both the husband and the alleged bio-dad need to consult with attorney's and provide more details. There will be an argument that the alleged bio-dad can make that the husband is the presumptive legal father of the second child if he was married to the mother and he did not request DNA testing to show he was not the father. Depending in the dates of marriage, the alleged bio-dad should attempt to oppose any DNA testing on the basis that the husband is conclusively presumed the father.
Answer Applies to: California
Replied: 6/29/2015
Peggy M. Raddatz
Peggy M. Raddatz | Peggy M. Raddatz
Whoever the mother was married to legally at the time the children were conceived and born or the person she married shortly thereafter. You need to consult a lawyer in person.
Answer Applies to: Illinois
Replied: 6/29/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Get an attorney, there is new law, many issues and defenses which are fact driven.
Answer Applies to: Michigan
Replied: 6/29/2015
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