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david ohowell · Jun 11, 2013, 08:28 PM

I have 3 kids with my wife.one of which I am unsure of. She has sent emails to other friends comparing pictures of the child and being inquisitive if the child looked like me or the other man. We were married so I signed birth certificate and didn't know until months after that she may not be mine.now we want to file for divorce. Do I include this child I am unsure of in the court documents to file or how do I go about this? Also if I am not the father how do I have my name removed from birth certificate?

J_9 · Jun 11, 2013, 08:43 PM

Yes, you will include this child. Since you were married at the time of birth, the child is legally yours.

david ohowell · Jun 11, 2013, 08:51 PM

Ok but if I have my doubts and so does she then can I still bring up in court that she may not be mine? I can still get a dna test right? Can the birth certificate be reversed/altered if necessary?

J_9 · Jun 11, 2013, 08:58 PM

Laws vary by location. However, typically there is a certain time in which a birth certificate can be contested.

How old is the child in question?

david ohowell · Jun 11, 2013, 09:01 PM

Originally Posted by J_9

Laws vary by location. However, typically there is a certain time period in which a birth certificate can be contested.

How old is the child in question?

going on 3

AK lawyer · Jun 12, 2013, 05:09 AM

Originally Posted by david ohowell

Ok but if I have my doubts and so does she then can I still bring up in court that she may not be mine? I can still get a dna test right? Can the birth certificate be reversed/altered if necessary?

Even assuming you could bring it up in the divorce, get paternity testing ordered, and (if she is not your biological child) reduce your child support accordingly, why would you want to change her birth certificate? What did she do to deserve that?

Picture this: your wife gets primary physical custody, and you get visitation every Thursday. Her siblings get to go stay with Dad, but she doesn't. Who is the real bastard in this family picture?

david ohowell · Jun 12, 2013, 05:42 AM

Never had a relationship with the child because since finding out she may or may not be mine we have been separated and my wife has kept the kids from me

joypulv · Jun 12, 2013, 05:52 AM

'Kept them from you?' Why haven't you gone to court to get equal custody? Fatherhood isn't a microscope test.

Just get a non court ordered DNA test (about $175) and get this awful situation settled before the divorce.
I don't know how any child survives this. Poor kids everywhere.

david ohowell · Jun 12, 2013, 06:21 AM

She will not let me have the child to get dna test done. We have been to court on this matter before and she will come for a few but then quit showing up

david ohowell · Jun 12, 2013, 06:23 AM

And I have not always not known where she lived with the kids so how can I serve her papers if I can't find her?

JudyKayTee · Jun 12, 2013, 07:03 AM

Must give a thumbs up to AK - very well said.

"And I have not always not known where she lived with the kids so how can I serve her papers if I can't find her??"

What are YOU, individually, trying to serve on her?

The Court can find and serve her. An investigator can find and serve her. A process server can find and serve her.

I can find and serve her.

You sound more and more like a deadbeat dad - not saying the Mom is a prize but I see a lack of moral fibre in you.

ScottGem · Jun 12, 2013, 10:23 AM

I won't say I see a lack of moral fiber, but I do see a certain indifference to your children. You go to court and request visitation. If she doesn't show you ask the court to order visitation by default. Or you file for primary custody and use the mother's hiding from you (which is illegal in most areas) as grounds to get primary custody.

If you care about your children, even if its only the ones you are sure about, then you fight for them.

AK lawyer · Jun 12, 2013, 06:38 PM

Originally Posted by david ohowell

She will not let me have the child to get dna test done. We have been to court on this matter before and she will come for a few but then quit showing up

What do you mean? She will come for a few court hearings and not show up? That doesn't make any sense. She missses the hearing on your motion to compel testing, and the judge should order the testing (and maybe also require her to pay your costs and attorney's fees for the hearing she missed). Simple as that. At that point, if she refuses to comply you get the judge to hold her in contempt of court.