Q: How do I legally disprove paternity in my divorce case?
My ex and I were separated, living in different states when I got pregnant with my daughter. He doesn't want to be her legal father and I don't want him to be either. Her biological father didn't want to be involved in her life and he's had no contact with her most of her (2 years) life.
A: OK so there is a presumption that any child born during the marriage would be the child of the man that you were married to. To disprove that, you would bring a paternity action against the biological father and the DNA test would most likely as you suggest, conclude that he is the father. Once that paternity relationship has been established, you can demand child support in that action as well as he could demand visitation rights if he so chooses. But then there would be a court order on record that the Man that you were married to when the child was born is not the father of this child.
Terrence H Thorgaard agrees with this answer
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.