Fort Lauderdale, FL asked in Divorce for Florida

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.

Related Topics:
3 Lawyer Answers
Opal Phiona Lee
Opal Phiona Lee
PREMIUM
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

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.

1 user found this answer helpful

Victoria Lyn Anderson
Victoria Lyn Anderson
Answered
  • Orlando, FL
  • Licensed in Florida

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

Jean Richardson
Jean Richardson
PREMIUM
Answered
  • North Miami, FL
  • Licensed in Florida

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

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.