A family can come in all shapes and sizes these days and many children are born outside of marriage. In these instances, legal procedures may be necessary to establish the paternity of the father of the child.
A recent appellate court decision may have set a new precedent concerning paternity rights in certain circumstances. The case that led to the ruling involved a couple who divorced nearly two years after their child was born. Because the couple was married at the time of the child's birth, the husband was legally presumed to be the child's father, but after the divorce, the wife found out that another man was the father of the child as a result of their affair. The wife and the child's father have since married and she has sought to remove the husband's rights as the presumed father. The court ruled that even with this presumption and a divorce order governing custody and support rights, a husband's paternity is not permanently assumed.