First of all, the husband may not be aware. He may think the child is his, even though it is not. In which case, he has "consented" to paternity b/c he didn't know enough to challenge it. And, therefore the issue was "adjudicated."
Second, in the US, for many years paternity was determined by the mother at the time of birth. Only she could name who the father was b/c she "knew" who she slept with to conceive. That presupposed a "normal" sexual relationship.
More promiscuous women often times had no clue, and left the father's name blank. IMHO, that did a big disservice to the child, but the mother often times didn't want to go through what, in many cases, was a BIG hassle in order to name the father (the true father being already married or otherwise "attached").
Originally Posted by charlestudor2005
I personally know of a guy who got OUT of paying child support because a weird situation:
She: married 5 years, has a 4 year old whose birthday is in the same month as their wedding date -meaning her and hubby got BUSY 3 months after the I DO's
Friend apparently got her pregnant.. her hubby filed for divorce because according to him, he and his wife had not had sex in 9+ months. Hubby's attorney suggests a DNA test on 1st child for "just in case" Turns out the 1st child, which was conceived 3 months after they got married, IS NOT HIS!
So when this lady took my friend to court for CS, her soon to be EX had told my friend about this info to which was outlined in court. Friend claimed he would not submit to a paternity test on the kid she claimed was his, until she named the father of the 1st child or gave it up to the state because he was not about to fund someone else's child.
state gave her 90 days to come up with a name, give the child or drop the paternity against my friend.
She never gave up the name or the child and moved to another state.