Question:
I am separated from my wife who is currently pregnant with another man’s child.
I understand that the child is “presumed” to be mine since I am married to the child’s mother, but is there some document or paternity paperwork I can file with my divorce papers to ensure I am not held responsible for a child that is not mine?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Michigan divorce and paternity laws where I am licensed to practice.
One of the strongest presumptions in the law is that a child born during a marriage is “issue of that marriage.” You are correct in your statement that since you are still married that the law presumes that you are the father of the child that your wife is carrying.
However, there is a way of having the court acknowledge that this child is not a child born of the marriage, and therefore you are not the child’s legal father. In Michigan, where I practice, this is known as a Serafin hearing. See Serafin v. Serafin, 401 Mich 629; 258 NW2d 461 (1977).
While each court may have a different way of conducting these hearings, the court must find by a clear and convincing evidence that you are not the biological father of this child. This can be accomplished in several ways, DNA testing, tissue testing, but most often testimony from the parties is utilized.
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It is important to obtain testimony from each party and, if possible, the biological father regarding paternity of the unborn child. The court needs testimony that there is no possibility that the child is yours, and if there is testimony from the biological father acknowledging paternity, this will assist the court in making this determination.
Please note that some courts will require the parties to wait until the child is born to conduct this hearing while other courts will take testimony prior to birth.
It is important that your Judgment of Divorce directly address this child, by name and birth date if possible, and the name and birth date of the biological father. The judgment itself can address the paternity of the child without additional paperwork.
Cordell & Cordell understands the concerns men face during divorce.
It is important that your name does not appear on the child’s birth certificate so you do not have conflicting proofs at the hearing. If this occurs, you may require a separate order to remove your name from this document.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Ann Arbor Divorce Lawyer Laura D. Langenburg, contact Cordell & Cordell.
I married my high school sweetheart just after Graduation. We split up three weeks later. That was 9 years ago and we haven’t seen each other since. Unfortunately we are still legally married. I have a son that is going to be six years old March 20, 2017. The nurse at the hospital told me that if I was married that I would have to put my husbands name on my son’s birth certificate which I reluctantly did. I now am in a position financially to get divorced and want to do so without this person paying child support on a child that isn’t his. I am going through a mediator for my divorce because it is much cheaper. He told me that I would have to have a Serafin hearing to get this accomplished. I guess my question is, how do I go about this and what should I expect?
My girlfriend is carrying she has been seperated for 9 months she left because of his behavior he’s tried to kill her humorous times he’s verbally and physacly vivant can she still get a devorce she’s tried 4 times to have him sign but he burns them she and I want to get married in the future
I am so afraid that I also am pregnant with my ex boyfriends baby. I still love him very dearly, I want to go back to my ex I have two kids with him I miss him so very much. I don’t like my “husband” I am with.