Paternity If Mother Is Married

If the mother is married when the child is born, the law says that the spouse is the other legal parent of the child.

This is known as the "marital presumption of paternity". This means that the spouse is the other legal parent of a child because the couple are married. This is true even if the spouse is not the biological father or the mother and spouse are not married to each other now.

A paternity case can still be filed in Family Court for an Order of Filiation if the mother is married during the pregnancy but not to the biological father. The paternity case can be filed by the mother or the man who believes he is is the father of the child.


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