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?
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.
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, contact Cordell & Cordell.