If my wife had another man’s baby during our married. how does that effect our divorce?
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If my wife had another man’s baby during our married. how does that effect our divorce?
Do we have to put the child on the divorce paper work? I don’t want anything to do with the child nor is she asking.
Asked on June 22, 2012 under Family Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
I'm not sure why the previous answer cites NJ law, but there is a similar law in California. The term is presumed fatherhood. Look up CA Family Code Section 7611. Since the child was born during the marriage, you are the presumed father of the child. Who is on the child's birth certificate? I would recommend retaining a family law attorney for your case.
If you are near the Ventura County area feel free to contact me. Best of luck.
Brad Micklin / The Micklin Law Group
Answered 11 years ago | Contributor
You may have a bigger issue than you realize. New Jersey state law says that a child born to a married couple is presumed to be the child of that marriage. This presumption prohibits the introduction of paternity tests to disprove it. A person must, 1st, overcome the presumption which can only be permitted for limited circumstances. Some examples would be providing the court proof that it is impossible for the husband to be the father due to physical separation or infertility.
Your best bet would be to have her fill out a certification that the child is not yours and that she is aware of who is the natural father. This may help avoid the issue in your divorce case.
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