Faust
2013-11-14 02:22:54 UTC
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An 'acknowledged father' is the biological father of a child born and whom paternity has been established. This can be done by either admission or agreement between the parents. Obviously, an acknowledged father must pay child support if they do not have custody.
Now for the 'presumed father'. If any of the following situations occur then a man is presumed to be the father of a child in the eyes of the court.
1, the man was married to the mother when the child was conceived or born.
2, a man attempted to marry the mother, whether the marriage was legal or not does not matter, if the child was conceived or born during this time he is the presumed father.
3, the man married the mother after the conception or birth and has his name on the birth certificate.
Or 4, a man had welcomed a child into his relationship and home and chose to call the child his own.
Now the fact is this, any father acknowledged or presumed can not be disproved in a court of law and is considered 'conclusive'. Even in the case of negative blood tests and proven paternity for another man.
A man can be "conclusively presumed" to be the father of any child if he is both married to and living with the mother. The only qualification is that he is not sterile or impotent. So, this means that if a wife cheats on her husband and a baby is born during the time of the marriage the husband is legally the father.
Here's the kicker, if a blood test proves that you are not the father, whether the real father is made known by proof or not, then the presumed father must still pay child support. Also, if the biological father is made known to the court he will not be obligated to pay child support but the custody and visitation will be shared only between the biological parents involved.
By law, a presumed father must pay child support
Had you heard of this ?