Madison, WI asked in Family Law for Wisconsin

Q: Baby with married woman an we want correct name on bc while separation is ongoing

I have child with married woman an we are trying to put my name on our son birth certificate while she's working threw her separation process so trying to find out how can we do this while keeping quiet so it doesn't effect her situation

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1 Lawyer Answer
Jane E. Probst
Jane E. Probst
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: Unfortunately, this is not possible at this time. If she is pregnant while she is still legally married, the child is presumed to be a child of the husband. The marital presumption of paternity will need to be overcome in her legal separation/divorce process. Only after that, you could file a paternity action to be adjudicated the legal father.

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