How Can I Prove I’m Not The Father?

paternityQuestion:

My wife and I are in the process of getting a divorce. A few months ago, she gave birth but I’m certain the child is not mine. How do I go about proving I’m not the father?

Answer:

While I am not licensed to practice law in your state, I can give some general guidance on this issue.

The law in most states presumes that a child born during the marriage is the child of the husband and wife, even if the wife admits she became pregnant by a man other than her husband while she was married.

Miami divorce lawyer Christina Lapadula
Miami divorce lawyer Christina Lapadula

If a husband does not believe that he is the biological father of the child, he will probably need to file a petition to determine paternity and take a DNA test during the divorce proceeding. A paternity test may not be required if the wife admits via a signed affidavit that the husband is not the biological father and the biological Father also signs an affidavit that provides that he is the father of the child.

If the DNA test proves that the husband is not the child’s father or if the court accepts the signed affidavits by the wife and the biological father, then the divorce will proceed without addressing child support or custody for that child.

I would urge you to contact a domestic litigation attorney licensed in your area so that they can fully examine the details of your situation.

Remember I am unable to provide you with anything more than child support/custody tips.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Florida divorce lawyer Christina Lapadula, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

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