8.2.1 Paternity - Presumption

Overview

Under certain circumstances, a man is presumed to be the father of a child. Wyo. Stat. §14-2-504 provides the following paternity presumptions within the context of marriage and are as follows:

Presumption of paternity

• Man and mother married and child born of the marriage.

• Man and mother married and child born within 300 days of end of marriage.

• Before the birth of the child, man and mother attempted to marry and even if the marriage is or could be declared invalid and the child is born during the invalid marriage or within 300 days after its termination.

• After the birth of the child,

  • man and mother married and man voluntarily asserted paternity,

  • the assertion is in a record filed at vital records services, and

  • he agreed to be named on or is on the child’s birth certificate, or he promised in a record to support the child

In Wyoming, a man meeting these presumptions is the father of a child and the presumption may only be rebutted through a court action.

Policy

The following are the Wyoming CSE Program rules regarding presumed fathers as defined by Wyoming statutes:

• If there is one presumed father based upon marriage, the case worker will determine paternity is established and file a child and medical support only action as discussed in 8.3 Child Support and 8.4 Medical Support.

• The case worker will discuss the case with the District CSE Office Attorney to determine next steps if:

  • the presumption is based upon a marriage after the child is born,

  • there are two presumed fathers (e.g. a child born within 300 days of the end of marriage one and born of marriage two),

  • there is a presumed father and an alleged father, or

  • there is a presumed father and an acknowledged father.

Please see Appendix 8.A – Paternity Establishment Legal Action Rules for a table with the appropriate legal action for each paternity option

Cross Reference

Appendix 8.A – Paternity Establishment Legal Action Rules