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  1. #1
    Join Date
    Nov 2011
    Posts
    29

    Default Can Legal Father State Child is His when It's Not As Part of Divorce

    My question involves a marriage in the state of: va

    many of you know my situation from previous posts, but i'll refresh ya. a little over two years ago, i was with a woman who messed our relationship up by cheating. yeah, well i left a month and a half after she found out she was pregnant. (i found out after we broke up).well, she married the man she cheated on me with, and to this day they are still legally married. he is the legal father. i'm more than positive he is. and now, he is the father. the only father. yeah, i may have a child out there and no, a dna test has not been conducted and it will not be. if you think negativley of my sit., please do not post.

    anyway, they are still married and now they are "seperated" or so i've heard. i know he can as part of the divorce state that the child is not his (child is 1 1/2), but my question is, does he HAVE to say that? or can just say she is his? to this day, he loves her as his own, says he is he father and that she is his daughter. so i wouldn't see why he would claim she wasn't his.

    i spoke to the mother once about two months ago while they were still together and she said "you know, if we ever got divorced, he would get visitation, not you." i dont want visitation or anything to do with them. but yeah, that leaves me to believe he would NOT DECLARE AS PART OF THE DIVORCE DECREE that she was not his.


    Can he do that?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can Legal Father State Child is His when It's Not As Part of Divorce

    Since the child was born within the marriage, he can legally say that the child is his. He can also contest paternity as part of the divorce action.

    You don't have to start a new thread for each question; you just add them to your original thread.

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