Florence, SC asked in Child Custody and Divorce for South Carolina

Q: If the child isn't biologically his, does the child have to be mentioned in divorce papers for custody?

My husband and I separated a year ago and I recently had a baby. I can't put the father's name on the birth certificate bc I'm still married. When I file the divorce papers, do I need to put my second child down as well? And request sole custody for him since he isnt biologically his?

And what would be considered marital debt? My husband has a couple phone bills in his name he refused to pay and he lied to me about them when he was switching carriers. And he has a lot of medical bills. Do I need to put them in the divorce papers?

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1 Lawyer Answer
Wesley Stoddard
Wesley Stoddard
  • Divorce Lawyer
  • Licensed in South Carolina

A: In SC a child born during a marriage presumes the father is your husband. For this reason this child does need to be included so the Divorce Decree will address the paternity snd name the natural father. Snydebts accumulated during the marriage are presumed to be marital debts so they need to be included and addressed

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