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    Kiesha Rice's Avatar
    Kiesha Rice Posts: 3, Reputation: 1
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    #1

    Feb 4, 2010, 06:18 PM
    Not the biological dad; pays child support; wife filed for divorce.
    The divorce was filed in September 2009. I found out I wasn't the biological dad December 2009 but now there is a court date scheduled to discuss custody and visitation which I want no parts of. Am I legally responsible for this situation anymore? She is also pregnant by another man now and someone said the child is legally mine because the divorce isn't final. Is this all true?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 4, 2010, 06:35 PM

    If you were married at the time of birth, in most states you are considered legally the father.

    Also where you put on the birth certificate. If you are in the US then it may depend on the state. In some you have limited time to challenge the paternity.

    You really need an attorney
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #3

    Feb 4, 2010, 07:19 PM
    Quote Originally Posted by Kiesha Rice View Post
    The divorce was filed in September 2009. I found out I wasn't the biological dad December 2009 but now there is a court date scheduled to discuss custody and visitation which I want no parts of.
    Some states allow in very rare circumstancies someone to disestablish his legal paternity.It depends on your state'legislation and court practice, and also whether there is someone else /biological father/who can be stuck with child support obligation.
    You must stay in front of the judge and to discuss your paternity.
    Quote Originally Posted by Kiesha Rice View Post
    Am I legally responsible for this situation anymore? She is also pregnant by another man now and someone said the child is legally mine because the divorce isn't final. Is this all true?
    Yes,it is true.
    Kiesha Rice's Avatar
    Kiesha Rice Posts: 3, Reputation: 1
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    #4

    Feb 4, 2010, 08:03 PM
    Quote Originally Posted by Fr_Chuck View Post
    If you were married at the time of birth, in most states you are considered legally the father.

    Also where you put on the birth certificate. If you are in the US then it may depend on the state. In some you have limited time to challege the paternity.

    You really need an attorney
    I live in MD and the first child I wasn't married but I signed the birth certificate because I believed it was mine. Thanks for the answer
    Kiesha Rice's Avatar
    Kiesha Rice Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Feb 4, 2010, 08:04 PM
    Quote Originally Posted by GV70 View Post
    Some states allow in very rare circumstancies someone to disestablish his legal paternity.It depends on your state'legislation and court practice, and also whether there is someone else /biological father/who can be stuck with child support obligation.
    You must stay in front of the judge and to discuss your paternity.

    Yes,it is true.
    She had the paternity test done so there is record of the biological dad. Thank you
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