Q: What are the implications of not revealing a child born outside of the marriage during separation before divorce?
Husband and I separated 4 years ago, for one thing or another never got to finishing divorce process. I have been with current partner for 3 years and have a 1 year old. I didn’t disclose my marriage to the hospital at birth, so baby has his dad’s last name and acknowledgement of paternity. I would like to finish the divorce process, but wondering if it’s really necessary to include my baby? I have 2 kids from the marriage that will be included in the divorce decree. Does the court find out? What do they ask for during divorce? We agree on everything and are doing pro se divorce.
A: Your husband is legally the presumed father of any child born during your marriage. It would be in your best interest to disclose the one-year old child, to disestablish the paternity of your husband, and to seek a paternity finding that your current partner is the father of the child. Not revealing the child could be considered fraud and could have future negative impacts not only on you, but also on the child, your husband, and your current partner. You need to consult an attorney experienced in family law in or near the county where your divorce proceeding has been filed.
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