Q: Is it possible to overcome a child's presumed paternity and divorce or separate without extensive time in court?
I had a child this year that I am nearly certain is not my husband's biological child. We were married in Colorado, I gave birth in Colorado, and we have since moved to another state (OK). I do not want to involve the courts more than absolutely necessary. I am not seeking child support, I am interested in separation or divorce, I do not want to raise my child with the man I married and am seeking the least messy way to address this. I do not want to 'get' anything from the separation other than the sole custody of my child. I have some debt, I do not want to divide it. I do not want to inconvenience my husband, I just want to leave with my child. Would a DNA test be enough? Would his blood type not matching what it would be with my husband being the father be enough to disprove presumed paternity? Can I avoid going through a lengthy court process? Thank you in advance
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A: If the child was born during the marraige, then there is a presumption that the child is of the marriage. If your husband contests your desire to receive sole cusotdy of the child, then you will either need to agree to a parenting arrangement or file a court petition to have the court issue an order. You should also be aware that child support is the right of the child so you will not be able to waive child support in a court action.
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