Non common child born 12 years after separation must be included??

[Mpost2]

My wife left me 12 years ago. I have no contact with her but have a last known address in Missouri ( I live in Florida). I have been involved with someone and we want to get married so I am filing for divorce. However, when I turned in the no children petition I was told the form was incorrect because my fiancé and I have a15-month-old daughter and she must be included in the paperwork as a child "not common" to myself and my wife, and the form I need to fill out is one that includes visitation requests and child support. How can this be?

 

[TigerD]

Where are you filing?

DC

 

[single317dad]

Are you the legal father of that child? (e.g. signed affidavit of paternity or otherwise adjudged the father by a court)

 

[LdiJ]

This seems wierd to me...

The presumption that the husband is the legal father of any child born during the marriage (the reverse of this case) does make sense, because absent a DNA test there is no way to know who the daddy is. So, when divorcing its necessary to handle establishing or disestablishing paternity as part of the divorce.

However, it makes no sense to have to do the same when the child belongs to the husband, but not the wife, as everybody knows that the baby did not come from the wife.

 

[Zigner]

This seems wierd to me...

The presumption that the husband is the legal father of any child born during the marriage (the reverse of this case) does make sense, because absent a DNA test there is no way to know who the daddy is. So, when divorcing its necessary to handle establishing or disestablishing paternity as part of the divorce.

However, it makes no sense to have to do the same when the child belongs to the husband, but not the wife, as everybody knows that the baby did not come from the wife.

What if the child had been the subject of a surrogacy agreement?

From a legal perspective (crossing all the i's and dotting all the t's) it does make sense.

 

[LdiJ]

What if the child had been the subject of a surrogacy agreement?

From a legal perspective (crossing all the i's and dotting all the t's) it does make sense.

Even it that case it doesn't make sense to me. Are you aware of any new laws on the books, in any state, where the wife is the presumed mother of a child born to the father by another woman unless maternity is disestablished?

One would think that if there are any laws on the books at all, they would presume that the woman who gave birth was the mother of the child unless proven otherwise.

 

[Zigner]

The point is that the court wants a "clean" view of all things. It does make sense to me.

 

[BL]

He's divorcing his WIFE.

The court wants him to file for visitation and child support for him and his fiancé.

Doesn't sound right to me ,unless him and wife have children of CS age,and they want to calculate the 15 month old into it.

 

[single317dad]

In some states, the unrelated child (previous or subsequent) would be included as a factor in determining the amount of support for the children of the marriage. However, OP states there are no children of the marriage, so I don't see that applying.

 

[Ohiogal]

In some states, the unrelated child (previous or subsequent) would be included as a factor in determining the amount of support for the children of the marriage. However, OP states there are no children of the marriage, so I don't see that applying.

NOchildren that he knows of. If his wife had a baby in the last 12 years then yes. And in many states, all children must be disclosed so the court has a full picture. In Ohio for instance, all children in the household must be disclosed (each household) on the income/expense affidavit. It is normal in Ohio to include children that each party of the divorce has OR is in their household regardless of whether they are marital children.

 

[xylene]

The OP is not divorced, and has a child with another woman, and 2 states are involved.

If there was a more clear cut example of a divorce that cannot be resolved by filling out a form, I haven't an idea what. The OP needs his own lawyer.