In the United States, the legal presumption is that a child born to a married couple is considered to be the child of the marriage. This legal principle is known as the "presumption of paternity" or the "marital presumption." It means that when a child is born during a valid marriage, the law assumes that the husband is the father of the child.
In most states, if a child is born to a married woman, her husband is automatically presumed to be the child's legal father. This presumption can be a default legal status, regardless of whether the husband is biologically related to the child or not.
However, this presumption of paternity is not absolute and can be rebutted or challenged in certain circumstances. If the mother had been sleeping around and the husband is not the biological father of the child, the biological father can challenge the presumption of paternity in court.
To contest the presumption of paternity, the biological father (not the husband) would typically need to take legal action to establish paternity. This process might involve genetic testing to prove biological parentage. If the court determines that the biological father is indeed the child's father, legal paternity can be established, and the biological father may be granted parental rights and responsibilities.
It's essential to consult with a family law attorney in the specific state where this situation arises, as the laws related to paternity and parental rights can vary from one state to another. Paternity and family law cases can be complex, so seeking legal advice is crucial to understand and protect one's rights and responsibilities regarding the child involved.