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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> paternity
Mar 17, 2009

Question:

I am married but have been separated for 3 years now. My wife had a child with another man, the child has my last name, but is obviously not mine (different race).

We both want a divorce and are not contesting anything. She lives in Iowa and I live in Missouri. What will I have to do to get a divorce in my situation?

 

 


Oct 14, 2008

paternityWatch this informative video with Joe and Kim Gorman from PTC (Paternity Testing Corporation).

Cordell & Cordell, PC attorney, Angelyn Zimmerman, discusses the minute yet important factors that might mean the difference between a positive and negative finding.

 

 


Feb 20, 2007
By Clarissa Finnell, JD (Cordell & Cordell, PC)

Most fathers believe that if their name appears on their child’s birth certificate their parental rights have been established. But what does signing a birth certificate or paternity affidavit really mean? As fathers’ of children born outside of marriage it is important to be aware of what rights you have and to make sure those rights are protected.



Apr 07, 2004

Question:

My ex-girlfriend is claiming that I am the father of her child. While she was pregnant, she told everyone I was NOT the father and that this black man was. When the baby was born, she had this black man sign the birth certificate, named the baby after him, and he visits with the child on a regular basis, even though he had a paternity test and it's not his. She is now saying that I am the father because the baby is white, not mixed. She says she is taking me to court and is going to make me pay back support for this child. She also had 1 other man tested, who happens to be her ex-husband. I know she can take me to court and establish paternity if she wants, but I really don't think this child is mine. But if for some weird chance it is, can she sue me for all of that money even though another man is still on the birth certificate and visits with the child? I also got married 4 months before this baby was born, thinking there was no way this was my child, because she said I wasn't, and now my new, wonderful wife has been going through hell from this woman. She blames everything all on my wife. I don't want my wife going through this anymore. Help!

Answer:

In Indiana you are the legal father of a child if you sign a paternity affidavit. I assume that is what you meant when you said another man signed the birth certificate. He can be forced to pay child support no matter what the dna test results say. That being said if the mother is trying to overturn the paternity affidavit and there is a pending court action you may be compelled to submit to a dna test. Only do so if you are ordered to do so by the court. If the court determines you are the father you will be responsible for paying child support. Under Indiana law child support in paternity actions can be retroactive to date of birth. As a practical matter courts generally only make child support retroactive back to the date the petition was filed. It is more likely to be retroactive to date of birth the younger the child is.

Feb 06, 2003

Question:

I want to file for divorce from Florida but my wife is in Oregon. I recently found out that my son might not be my son so that complicates things. Do I hire an attorney in Florida to do the divorce or do I have to go to Oregon to hire the attorney? Or do I do a paternity test first to make sure my son is mine to so I can hire an attorney from Florida?

Answer:

I cannot answer your question specifically to the laws of Florida or Oregon as I am not licensed to practice law in those States. Get the DNA test. In most jurisdictions if you agree he is your son now in the divorce process you can not later challenge it unless there is fraud. So protect yourself. As far as where to file, how long have they been in Oregon? If it is under 6 months then you may be able to file in Florida still as it is your child's home state. I suggest you seek counsel as you will need to file a Petition for Paternity, DNA testing and custody.

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