Proving you are not the biological father while still legally married

Question:Divorce lawyer Leslie Lorenzano

My soon-to-be-ex-wife is pregnant with another man’s child.

Does she have to inform the courts that she is pregnant while we go through the divorce process? Or how can I ensure I will have no legal responsibilities for a child who is not mine?

Answer:

When the dissolution process takes an extended period of time, complications similar to your issue can arise. As I do not know all of the facts of your case, I can only speak in generalities based on my experience practicing family law in Indiana.

Because you are still technically married, you are presumed by the court to be the father of her child. To rebut this presumption, you and your spouse can present to the court that the child is not a child “of the marriage” (that there is a different biological father), and the court, in its discretion, can accept this showing.

This can usually be done by submitting sworn affidavits to the court stating that the Husband is not the biological father of the child. Depending on the judge, some courts may require that paternity be established by the biological father prior to declaring that the child is not a child of the marriage.

Cordell & Cordell has divorce attorneys located nationwide.

 

Leslie Lorenzano is a Staff Attorney in the Indianapolis, Indiana office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Lorenzano is licensed in the state of Indiana and the U.S. District Court Sothern District of Indiana. Ms. Lorenzano received her Bachelor of Arts in Sociology from Purdue University, and her Juris Doctor from the University of Arizona – James E. Rogers College of Law.

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