Q: I'm filing for divorce. Do I have to mention my child that is not from my husband in divorce papers?
I'm filing for divorce. My husband is not a biological father of my child that was recently born. He knows that and already signed affidavit of non-paternity. He is willing to get divorce as much as I do. We don't have assets or debt to divide. The lawyer suggested not to mention the child in divorce papers at all to simplify the process. I'm not sure it is legit and need a second opinion on that.
A: You will need to mention any minor child that was born during the marriage. Therefore, you must include your newborn child. Your spouse will then need to file a petition to disestablish paternity (which should be done in the same divorce proceedings). I suggest you consult with a divorce attorney to discuss further.
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A: If the child was born during the marriage the child should be included but there is specific language and forms to be done if the child is not your husbands and both of you do not want him to be the legal father. I would encourage you to use an attorney just because I have seen this fine wrong so many times before and it’s harder and costs more to fix it later vs doing it correct the first time around.
1 user found this answer helpful
A: If a child was born during the marriage, the child is presumed to be of the marriage. However, your husband can overcome that presumption by DNA test and or you both will have to file an affidavit of non-paternity. The court will want to know who the biological father is. Best interest of the child standard requires both parents to be responsible for the child.
1 user found this answer helpful
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