How do I go about getting a court order stating the man I am going through a divorce with is not the father of my soon to be born baby when all agree?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I go about getting a court order stating the man I am going through a divorce with is not the father of my soon to be born baby when all agree?

I am currently 37 weeks pregnant. I know who the father is and I am with the father, and he acknowledges the child is his as well. I am going through a divorce that will not be finalized until the the final hearing on October 22, and my soon to be ex husband is not the father and acknowledges that as well as we were not together for 6 months before I got pregnant. We live in the state of Michigan. I want to ensure that my child’s father will be on his birth certificate with no issues as this is his child, and my divorce will not be final until after my baby is born.

Asked on August 28, 2012 under Family Law, Michigan

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The final divorce needs to acknowledge that a child was conceived during the marriage, but is not a child of the marriage.  Otherwise, some marital presumptions could cause problems down the road.  If everyone is in agreement, then this should not be a problem and it will keep everything clear down the road when the child is born is you want to put Dad's name on the birth certificate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption