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sassyleo75

Junior Member
What is the name of your state? Louisiana K My husband and i were married when me second daughter was born. We are not sure if he is the father or not we are now in the process of getting a divorce and he is wanting to leave her out of the divorce papers. we were married at the time he knew she may have not been his and told others he did not care as far as he was concerned she was and he signed the birht certifacte. We were together for a year and a half after her birth before we split up. since the new girlfriend he is now not wanting anything to do with her and leaving her out of the paper work can he just wipe her off the slates like that? He lives in Flordia which is where he is filing for the divorce and the child was born in Alabama. I do not know if that makes a difference or not. someone please help i feel like i am being railroaded.
 


rmet4nzkx

Senior Member
I don't see how you are being railroaded.

He is filing divorce against you where he lives in Florida. You were not married very long and have no other children. You will get an opportnity to respond to his petition, in which case you will note that he is the legal father since you were married at the time of the birth and knew the possibility that the child was not his. He will then and rightfully so, ask for a paternity test, a DNA test which will prove whether he is the biological dad or not. Florida allows a year after a child support order is issued to protest Paternity. If he is not the BIO dad, the judge may not order him to pay child support. So, I suggest you locate the other possible father's so they can be tested if he isn't the bio dad, especially if you already know that he isn't the bio dad, because you will pay for the DNA test if it proves he is not the father. If you already know he is not the bio dad, you will need to answer his petition truthfully. If the child is not his, you may still file a paternity action against the father, hopefully you can narrow this down.
 

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