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  1. #1

    Question Can a Wife Assert Non-Paternity in Court if Her Husband Doesn't Do So

    okay. i know that whoever you are married to at time of the child's birth is the legal father. if i know that my husband is not the biological father and he knows it too but doesn't want to contest paternity and bio dad isn't even in her life, can i go to court and contest it? i've noticed you said in a previous post "If the mother is married, her husband is presumed by the law to be the father - and he will REMAIN the father unless either (a) the mother's husband contests paternity, or, (b) your son opens a paternity case in the courts and establishes himself as the father."

    my question is if NEITHER man want to go to court, can I?

  2. #2

    Default Re: Daddy Issues

    Sure, you can file a suit - but as your husband is already the legal father of the child, he can contest your petition, leaving you with paternity as part of divorce as your option. Are you ready to get divorced?

  3. #3

    Default Re: Daddy Issues

    no, i don't want a divorce. not sure why that would happen. i just want deadbeat bio dad to pay for his child and my husband- although he disagrees with changing paternity- agrees with him paying for support.

    is it true that the courts will consider my husband the best fit father for my child? (stable job and house) deadbeat bio dad doesn't have either.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Daddy Issues

    Quote Quoting southernchick
    View Post
    no, i don't want a divorce. not sure why that would happen. i just want deadbeat bio dad to pay for his child and my husband- although he disagrees with changing paternity- agrees with him paying for support.

    is it true that the courts will consider my husband the best fit father for my child? (stable job and house) deadbeat bio dad doesn't have either.
    There is no way that your husband can remain the legal father AND you can collect child support from the biological father. It simply doesn't work that way.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Daddy Issues

    Quote Quoting southernchick
    View Post
    i just want deadbeat bio dad to pay for his child and my husband- although he disagrees with changing paternity- agrees with him paying for support.
    .
    I'm sure he would love to have somebody support his children. Heck, what self respecting person wouldn't want to make somebody else pay for their child.

    Oh, wait.

    No self respecting person would want to make another person to pay for the raising of their own child.

    You need to understand. If there is a deadbeat dad not supporting that child, right now the only person you could be referring to is your husband as he is the child's legal father. The bio father has no legal or financial responsibility to you or the child at the moment.

    You do understand that if you go the route of establishing the bio father as the legal father, the bio now legal father can file for visitation and even custody of the child? While you say the bio father isn't in the child's life, making a guy pay child support often changes things. The fact is; as it stands, the bio father has no legal right to be in the child's life.

    You have a really odd sense of priorities. It would appear everybody is comfortable with your husband being the father of this child but all in the name of the almighty dollar, you want to add a ton of confusion to the situation. It makes no sense and only sets things up to cause problems but hey, if you get money out of the deal, I guess it's worth it, right?

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