What to do if my husband andI are getting a divorce andI want to disestablish paternity?

My husband is the presumed father not the biological father. He doesn’t want any rights to the child.

Asked on November 2, 2011 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation and for your son who assumes that this man is his Father.  If you are in fact sure that he is not the Father and he does not want to have to support the child, then you need t have a paternity test taken. Is the biological father in the picture?  Does he know about his son?  i as because I worry not only for the mental well being of the child but for the financial support of the child as well. I would seek to discuss this matter with an attorney as soon as you possibly can.  If the biological father is willing to step up and file an affidavit of paternity t may save the necessity of the paternity test for your husband.  Good luck to you.


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