Bellefontaine, OH asked in Divorce for Ohio

Q: I have two children who are not my husband, Can I get a dissolution?

I'm looking into dissolution but wanted to know if I could get a dissolution if I proved my husband was not the father to either child? We have already agreed to terms on everything else.

Related Topics:
1 Lawyer Answer
David Scott Heier
David Scott Heier
  • Canandaigua, NY
  • Licensed in Ohio

A: No. Paternity must be established for the biological father first. A dissolution is not the procedure to do that and would not be accepted by the court. Go to the Child Support Enforcement Agency in your county and apply for child support from the biological father. Genetic testing can be ordered. The test results are then used to support a motion to Un-Establish the father-child relationship with your husband. He is legally the father of children until that is done. It would be easiest to do it all in an uncontested divorce filing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.