nimbus said:
ok so i used the wrong term for my argument. you are totally right about legal guardianship. the word i was looking for was paternity
Paternity is established by the 'father' signing the birth certificate, or a court determining paternity.
In this case, I presume the husband signed the B/C based on the fraud that the mother committed. Judges in divorce or paternity suits can / will / do / have an obligation to change the B/C to reflect the real father when the issue is raised / proven.
I don't remember the details, but I beleive this guy accepted paternity based on the FRAUD commited by this woman and a year had passed (which was his window or statute of lmitaion on disputing paternity) but only because of said fraud.
What I am debating is that there shouldn't even be a limit on the window to dispute paternity, ESPECIALLY so in the case of fraud. That's like putting a limit on someone appealing a guilty verdict when new compeling evidnce, such as DNA, would proven them innocent.
What you are saying is that paternity is / should be automatic and the biologics of it should have no weight at all - that is unless the biological father can be found - then and only then can this poor innocent schmuck be let off the financial hook.
If i was this guy and you were the judge, I'd kill you.