ABA Family Legal Guide

Family Law

Children

Paternity

May a father of a child whose mother is married to another person file suit to establish paternity of the child?

The law varies from state to state. Some states allow such suits to be filed and allow a man to file suit to prove paternity of a child born to a woman who is married to someone else. The man who filed suit then might be able to obtain visitation (or custody in unusual circumstances.) Other states prohibit such suits and automatically presume that the woman's husband is the father.