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  1. #1
    Join Date
    Dec 2007
    Posts
    1

    Default How To Disestablish Paternity; Not Biological Father

    Hi,

    I need some help with steps my husband and I should take in disestablishing paternity.

    My husband's first marriage ended without children, but prior to the divorce (while they were separated) his ex-wife became pregnant by another man. The pregnancy was not planned for reasons I cannot name here, so the real father was never put on the birth certificate. The ex-wife (still holding my husband's last name) put my husband as the child's father. My husband found out when the child was about 4 years old and became upset, but never requested his name be removed only because he felt bad for the little girl and his ex promised never to go after him for child support. He has never acknowleged her as child and has never had a relationship with her (they live in 2 different states).

    Well, we just recently got married and while we were dating I adviced him many times to take care of this, but there wasn't much I could do then because I wasn't in a wife's position.
    For the record, my husband is one of those nice guys who doesn't see the damage he could be causing that little girl and our future by not nipping this in the bud.

    Now, I want this taken care of and I'm not sure what steps we can take. I told him that I wouldn't be worried about it if A) She was truly his biological daughter or B) If he actually had a relationship with her (which he doesn't).

    The girl is 9 years old. What legal rights do we have? And how can we go about taking care of this in the least messy way possible?

    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    27,121

    Default Re: Disestablish Paternity - Not Biological Father

    The girl is 9 years old. What legal rights do we have?
    WE do not have any rights. Your husband may not either depending on the state involved and the timeline. In many states, the presumptive fatherhood concerning a child born from a marriage is absolute unless contested within a prescribed timeline and in a particular manner. Considering the girl is 9 years old. I would suggest HIS options are very limited.

    Now, I want this taken care of
    If you want this to be taken care of, you should have spoken up befiore your marriage. This sounds to be a very important situation for you but it may not be able to be altered in the method you want.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    3,493

    Default Re: Disestablish Paternity - Not Biological Father

    I'd have to agree word for word with JK. After 9 years, there isn't a court in the land that's going to disestablish paternity, especially when your (now) husband knew the child existed and was fine with the situation up until now. In fact, he still seems fine with the situation, you're the one that's not and since you have just as much standing now as when you were just his girlfriend (that being none), all your husband can do is hope that for the next 9 years nothing happens to this woman where she needs to apply for public assistance and he gets hit with a child support order.

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