http://www.biojuris.com/natural/3-2-0.html
Common law used to encourage adultry:
If a man was married to a woman, and she had a kid during that time, the kid was legally presumed to be his, and he could not challenge it. Even if he could prove it was not his, he was still required to pay child support if he divorced her.
California changed the law so that now husbands have two years to challenge the DNA of the kid. Other states may varry from 0 years to 4 years.
If he successfully challenges it, then the other guy has to pay child support. The problem though is this could disrupt the family if he already has his own biological kids. Kinda a motive for murder there, I'd say.
I wonder if a man can get an unofficial DNA test without the concent of the mother, so he can find out without opening a can of worms. Even if he did, he would not know who the father was. If it was me, I would not mind raising the kid, as long as I knew the biological father was paying child support and had a restraining order keeping him away from the kid and wife. If either condition were not met, it would be divorce. The in the article, it says California lets the intruding man challenge the paternity and claim the child as his! The reason California lets the intruder do this, is to discourage the woman from cheating. Apparently, the woman usually only wants his DNA, but does not think he'd make a good father, nor does she want him in the kid's life.
Amazing how simple stuff like this can ruin lives.
If they are not married, the kid is presumed to have no father until a DNA test proves otherwise, or a guy signs a birth certificate. Once sinced, he has 60 days to challenge it under federal law. Not sure if that means he needs a test to challenge it, or if he just undo it and still use a test to get out after the 60 days.
IMO, people need a way to secretly test DNA so as not to open a can of worms unnecessarily. And women need a way to easily order a test from the biological father and get child support. IMO, if a guy cheats with a woman, he should have no right to the kid, but still have to pay.
Common law used to encourage adultry:
If a man was married to a woman, and she had a kid during that time, the kid was legally presumed to be his, and he could not challenge it. Even if he could prove it was not his, he was still required to pay child support if he divorced her.
California changed the law so that now husbands have two years to challenge the DNA of the kid. Other states may varry from 0 years to 4 years.
If he successfully challenges it, then the other guy has to pay child support. The problem though is this could disrupt the family if he already has his own biological kids. Kinda a motive for murder there, I'd say.
I wonder if a man can get an unofficial DNA test without the concent of the mother, so he can find out without opening a can of worms. Even if he did, he would not know who the father was. If it was me, I would not mind raising the kid, as long as I knew the biological father was paying child support and had a restraining order keeping him away from the kid and wife. If either condition were not met, it would be divorce. The in the article, it says California lets the intruding man challenge the paternity and claim the child as his! The reason California lets the intruder do this, is to discourage the woman from cheating. Apparently, the woman usually only wants his DNA, but does not think he'd make a good father, nor does she want him in the kid's life.
Amazing how simple stuff like this can ruin lives.
If they are not married, the kid is presumed to have no father until a DNA test proves otherwise, or a guy signs a birth certificate. Once sinced, he has 60 days to challenge it under federal law. Not sure if that means he needs a test to challenge it, or if he just undo it and still use a test to get out after the 60 days.
IMO, people need a way to secretly test DNA so as not to open a can of worms unnecessarily. And women need a way to easily order a test from the biological father and get child support. IMO, if a guy cheats with a woman, he should have no right to the kid, but still have to pay.