In a divorce, child custody and child support decisions usually assume both spouses are the biological parents. However, if there are doubts regarding the child’s biological lineage, establishing who is the legal father becomes crucial.
Realities of parental laws in Connecticut
Under the Connecticut Parentage Act (CPA), family courts often look beyond strict biology to focus on realities of parenting. Here are some of the key factors you should know about paternity disputes, including:
- Marital presumption: If a mother is married when a child is conceived or born, the husband is automatically presumed to be the legal father under state law. The marital presumption is strong even if the husband is not the biological parent.
- DNA testing: Either spouse can request a court-ordered DNA test to prove paternity. If the test disproves a genetic link, the husband could be relieved of child support.
- The de facto parent rule: Even if a DNA test disproves that the husband is not the biological father, the court might still deem him as a legal parent under CPA’s de facto parent provisions if he has acted as the child’s father for years and formed a meaningful bond.
Waiting until a divorce is finalized to raise paternity can be incredibly difficult. The final divorce judgment could decide legal parentage permanently. Therefore, making proactive legal decisions during this period is vital.
Taking the right steps
Facing a paternity dispute while going through a tough divorce can be an overwhelming and complex process. If you are facing a similar hurdle to protect the relationship with your children and your financial future, seeking the help of a skilled family law attorney could be highly beneficial.