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  #1  
Old 03-06-2009, 11:16 AM
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still married but wife delivered baby from somebody else

What is the name of your state (only U.S. law)? Florida
My wife recently delivered a baby from another man. We agreed to annul or divorce our marriage. Since we are still married I fear that I might have some consequences. Do I need to actively contest the child? My wife and the father of the newborn do not contest that fathership. Is there anything I should do at this point to avoid future alimony payments? Would an annulment be possible? Thank you for your kind answers.
  #2  
Old 03-06-2009, 12:03 PM
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Location: Florida
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First of all yes you need to contest the child as in the event of your divorce the child will be viewed by the courts as your child (as the child was conceived and subsequently born while she was legally married to you) and you could end up paying support for that child. The father of the child needs to step up and begin the court process by getting a court order for a paternity test etc. Once thats completed it will be on record as his child rather than yours. As far the alimony and annulment is concerned, that would all depend on how long you have been married.
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  #3  
Old 03-06-2009, 04:29 PM
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still married but wife conceived baby from somebody else

Hello there, thank you so much for your fast response. Is there a form were both parents have to acknowledge paternity in the hospital or maybe when a name is given to the baby? Could my wife verify that I am not the father and the real father stating that he is the father without going to court? Just asking everything is so new to me. I talked to her yesterday and she told me that she has a child now. I was very happy for her and believe there will not be any difficulties or untruth from her side. If we have to go through court I understand the biological father has to start the proceedings. How would he do that? They are in California, our marriage license is from Florida and dates back to 2003. The license has a wrong date and a ceremony was never held. Maybe that would help for an annulment. I rather would have an annulment and not deal with the child issue. Do both parties have to be present during an annulment or divorce hearing? Thank you so much for your help. I am a little devastated. Thank you.
  #4  
Old 03-10-2009, 06:24 PM
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form to disestablish paternity with consent

Hi there,
how would I file a petition to desestablish paternity with voluntary consent of all three parties involved? Does anybody have a form? Either for Florida or for California? Thank you for your help
  #5  
Old 03-10-2009, 08:37 PM
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Quote:
Originally Posted by Smile88 View Post
Hi there,
how would I file a petition to desestablish paternity with voluntary consent of all three parties involved? Does anybody have a form? Either for Florida or for California? Thank you for your help
That is best taken care of during the divorce process.
  #6  
Old 03-11-2009, 09:26 PM
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petition

Thank you Grazie, I filled out the papers for the simplified divorce but could not find any entry for the disestablishment of paternity. Is the a specific Form I could download? Child was born in California were my wife and the real father live and I live in Florida. I know a lawyer would probably my best bet, but monies are rather tight.
Thank you for your help.
  #7  
Old 03-11-2009, 09:32 PM
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How long have you been married?

How long have you been separated (physically)
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  #8  
Old 03-11-2009, 10:17 PM
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Hi there

Hi Grazie, thank you for your fast answer. We have been married for 4.5 years and sep for one year or so.
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