Not every Kentucky marriage works out. When problems arise in a marriage, one or both of the parties may decide to start a relationship with someone else. If the wife becomes pregnant from that affair, the issue of paternity could get sticky. When two people are married, there is a legal presumption that the husband is the father, so what can a man do in this situation?
A man can question the paternity of a child even if he is married to the woman carrying it. In order to overcome the presumption he is the legal father he will need to prove to the court that his wife entered into a sexual relationship with another man as part of the process. In addition, DNA tests will more than likely be done on the father and child to rule on the paternity issue.
Some complications could arise during the process as well. If the affair failed to become known until years after the child’s birth, the court will undoubtedly consider the fact that the child has only known the husband as his or her father. The theory is that the emotional bond between a parent and child transcends biology. A parent and child relationship often involves much more than that. After all, the child should not be punished for what his or her mother did.
This is often a painful process for everyone involved. Depending on the circumstances, the couple’s marriage could end as well. When a paternity action is added into the mix, things can quickly become complex. It would most likely be in the best interest of a man in this position to make sure his rights are protected and that the appropriate evidence is presented to the court.