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InformationForYou, Family Law Attorney
Category: Family Law
Satisfied Customers: 1956
Experience:  18 years as a family law attorney, adjunct law professor
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My wife had a child outside our marriage. Can i get my name

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My wife had a child outside our marriage. Can i get my name of the birth certificate and have the real father pay child support.
Submitted: 8 years ago.
Category: Family Law
Expert:  InformationForYou replied 8 years ago.

Both because you are on the birth certificate and because the child was presumably born during your marriage, you are presumed to be the father. You would first need to do a paternity test (which requires your DNA - even a cheek swab and the child's DNA) which will exclude you as the father (if that is what you're expected/wanting). Your wife would then have to file suit against the other man to establish paternity and if/when the court grants the paternity test and then finds that the other man is the father, that court order is required to amend the birth certificate, removing you as the father. It would also be up to your wife to file for child support against the real father (which again, cannot be done until she establishes paternity since you are presumed to be the child's father).


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Customer: replied 8 years ago.
So you are telling me that the court may not grant my wife a paternity test with the guy who is the father?
Expert:  InformationForYou replied 8 years ago.

I'm telling you that your wife needs to file to ask the court to rule on the paternity test. Clearly whenever you go to court there is a risk that you won't get what you want, but also clearly if she goes to court with a paternity test showing you're not the father, then she'd have a stronger case (because it may rebut the presumption that you're considered the father just because you're on the birth certificate and the baby was born during the marriage).


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