Brother I feel bad for you and I am sure you love your baby, But I would get the hell out of that situation. The baby is young enough not to remember you and what happened. What happens if your "wife" decides she doesn't want to be with you in a couple of years and you are really attatched to the child?
No, we posted at the same time. Here's some of the conflicting stuff I was reading:
L.S. v. C.S. [2002] O.J. No. 1890 (Ont. C.J.), Justice Spence ruled that, before a putative father can be held liable to support a child, he must first be “given the opportunity to make a choice” as to whether to treat the child as his own. “By necessary implication, one must know, first, that he is not the biological father. Once he knows this, he then has a choice – either to form a conscious decision to treat the child as his own, or to refrain from doing so.”
This view was rejected in B.B. v. C.P.B. (2005) 18 R.F.L. (6th) 10 (Ont. C.J.). Justice Maresca stated: “Although the father may have made a different decision had he been advised of the facts at the time of the child’s birth, the fact is that he was a parent to the child for many years. …It is the sense of family and bonding between parent and child that is important, not whose DNA is lodged in the child’s cells.”
Cornelio v. Cornelio (2009) 65 R.F.L. (6th) 129 (Ont. S.C.J.) contradicted this view of the law. Justice van Rensburg stated that while the wife’s “failure…to disclose to her husband the fact that she had an extramarital affair and that the twins might not be his biological children may well have been a moral wrong…it is a wrong that does not afford him a legal remedy to recover child support he has already paid, and that does not permit him to stop paying child support.”
I think that the operative words above are "for many years". It is not fair to the children at that point. They have a father. The man who has been their father all those years.
Brother I feel bad for you and I am sure you love your baby, But I would get the hell out of that situation. The baby is young enough not to remember you and what happened. What happens if your "wife" decides she doesn't want to be with you in a couple of years and you are really attatched to the child?
He is currently the legal father of this child. He would remain the legal father of the child unless he chooses to give that up and the courts allow him to.
His wife cannot unilaterally decide to remove his status as the legal father.
I think that the operative words above are "for many years". It is not fair to the children at that point. They have a father. The man who has been their father all those years.
That was just one decision. Notice there are more referenced at the link as recent as two years old and they are all over the map. Clearly, the case law is not settled. Confused needs a shyster and quickly.
We have been dating for a few years (I am 39, she is 38) and just celebrated our second wedding anniversary.
Our daughter just turned 6 months old.
Within the first year of our marrige, I caught her sexing on the computer, and logged it to find out what was happening. It looked like it had been going on 5 months or so.
I confronted, we went to councling, and she swore the sexting had never became physical.
I recently caught her sexting again with the same guy, so I sent away for a buccal swab test and the results came back excluding me 100% as being the biological father.
I have every emotion running through me that you would expect.
any advice?
OP, this is a very serious situation and our advice would be that of laymen, and cannot be taken as accurate. You need to get a good lawyer to sort this out for you and be able to tell you your options. This is beyond the scope of an internet forum.
While the province may stick you with being the father (because they don't want to be on the hook for pay for the kid), you can sue the OM for damages which in this case are the cost of raising the kid for 18 years plus post secondary schooling.
Sue the jerk for every possible dime you can get.
Obviously your wife was having lots of sex with him - you don't get preggers from a one time - he pulled out incident. she and he were going at it for a while - you're on the hook to pay for the kid - but you aren't on the hook to pay for your cheating wife who has been trying to pass off the OM's kid as yours.
OP, this is a very serious situation and our advice would be that of laymen, and cannot be taken as accurate. You need to get a good lawyer to sort this out for you and be able to tell you your options. This is beyond the scope of an internet forum.
I agree, however it is a Saturday night, and my mind wont let me sleep, and internet forums are all I have to help see different sides of this nightmare
There is no hope or coming back after what she did. Divorce her.
In the end, humans are innately instinctual and we all follow basic patterns. To make you understand why you cannot come back from this, this next statement may sound cold but it is supported by thousands of years of human evolution.
Nothing in worse in life than using resources to take care of another man's offspring. Further your genes, not his.
There was a poster over at "survivinginfidelity.com" that had the same thing play out but he was in the US. The law allowed him 6 months from the time he discovered it to legally be removed from the birth certificate as the father. She didn't fight it though. (Alexa071) He is in the divorced section now but only because his wife didn't do what was needed to continue the marriage and he gave up.
You might also be able to change the B.C. but if you still want to stay married then can stay so. But she had to know when she had sex with him and that the due date was too close!!
Yeah, good for Canada. Now just if the US would follow along!
According to the article I posted there have been some cases won in the USA so it's coming here as well.
The presumption that a child is the husband's comes from the time when we did not have DNA. We have the science now. No man should be forced to raise another man's child if he does not willingly agree to it.
I think that the operative words above are "for many years". It is not fair to the children at that point. They have a father. The man who has been their father all those years.
Dam right it is not fair. The WW screwed over the BH.
The OM screwed over the BH.
No the OM's and WW kids/OC's are bending over the BH.
Every body is running a train in the BH. (reminder to buy some stock in Vasoline Monday morning).
86Likes
Re: She cheated and got pregnant 
That is awful! Personally I'd leave. I would not be willing to pay for someone else's child this early either. She must own up to her own mistakes.
