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?

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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 11 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.


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