Silver Spring, MD asked in Divorce, Child Custody and Child Support for Maryland

Q: I need to remove my last name from a kid that is not my son biological. It's been 4 years since he was born.

My ex-partner and I, we separated about 4 years due to her cheating on me. As a result of this, she got pregnant by the man who she cheated on me. She never told me about this infidelity until later I found some emails on her phone when she used to communicate with guy. The baby was born, and I gave him my last name thinking that he was my son, however she made sure that I signed all the legal documents without me knowing. I did a DNA test on the kid, and came out not be mine. She's now trying to take me to court and pay child support for her son who's not my biological son either. I have some information that can lead to find the real father. Any suggestion on what I should do?

1 Lawyer Answer
Diana Valle
Diana Valle
  • Divorce Lawyer
  • Bethesda, MD
  • Licensed in Maryland

A: You should file a complaint for paternity to establish you are not the father and/or respond the the complaint and deny everything under the defense that you are not the father. The court will order a DNA test and that should take care of the support issue. You might be able to ask the court to insert in its order that the child's name be changed since you are not the father.

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