Q: How would i go about waiving legal paternity of a child my ex wife had whike we were legally married but seperated?
I was married to a woman and we split up. She had a child with another man while we were still legally married. She had the baby shortly before i went to prison. We got a divorce while i wad in prison. And now i just got out and was informed im legally the childs father because we were married. What steps do i have to take to make it so im not obligated the child? She is with me on the matter she doesnt want me to be the legal father she wants the biological father to be. There is nobody on the birth certificate
A: Based on your situation you need to file a paternity action with the court your divorce matter took place in. DNA will be ordered and you can prove your not the Father that way. The child support will still be accruing, so if you are the Father you will have arrearages to pay. The State of Indiana sees you as the Father of the child because the child was born during the marriage, but contesting paternity is the only way to go about this and you need to do that through the court system. This is what is called a rebuttable presumption in situations like this.
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