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    Sue smith's Avatar
    Sue smith Posts: 1, Reputation: 1
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    #1

    Nov 1, 2012, 06:36 AM
    My husband is not the biological father of our 5 year old but thinks he is
    I got pregnant when we were dating. After the baby was born, we got married. We are now going through a divorce and I want to tell him he is not the father. We live in Wisconsn. What legal recourse, if any, does he have? Can he still get joint custody/placement? Can he sue me for anything? I will never discuss who the real father is.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Nov 1, 2012, 01:43 PM
    If you bring up the fact that he is not the father then your going to have to discuss who is. Also did he sign anything and is on the birth certificate? Did you lead him to believe he is the father and now your changing your story?
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #3

    Nov 1, 2012, 02:04 PM
    Unless the biological father disputes paternity, I doubt you will be able to stop your husband from getting custody and/or visitation. He is the LEGAL FATHER of the child.

    If you're not going to discuss the biological father, then you're out of luck. Your husband currently has as many rights as you do to the child. He can absolutely still get joint custody and placement.

    Frankly, unless you are divorcing your husband for reasons of abuse, how could you even THINK of taking away the only father your child has ever known?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Nov 1, 2012, 02:22 PM
    Quote Originally Posted by Synnen View Post
    Unless the biological father disputes paternity, I doubt you will be able to stop your husband from getting custody and/or visitation. He is the LEGAL FATHER of the child.
    At this time we don't know if the husband is the legal father or not. At the time of birth the OP states they were not married. Only after the birth did the marriage take place.

    Need more info to determine current legal status. As far as the visitation goes I agree with what has been stated.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #5

    Nov 1, 2012, 02:30 PM
    Quote Originally Posted by califdadof3 View Post
    At this time we dont know if the husband is the legal father or not. At the time of birth the OP states they were not married. Only after the birth did the marriage take place.

    Need more info to determine current legal status. As far as the visitation goes I agree with what has been stated.
    Thanks for clarification. I misread it as they were married when the baby was born.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Nov 1, 2012, 05:27 PM
    We still need to know if he is shown as the father on the BC.
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