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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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my husband and i were not married when our 3 year old was born.

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my husband and i were not married when our 3 year old was born. he knew there was the possibility that the child was not his. at the time, he "didn't care" and wanted the baby for his own, no matter what. Now, we are divorcing and he secretly collected DNA from himself and our daughter, which says he is not the bio-father. He says he wants to "volunteer" as a daddy, but he will not pay child support. Can he really do this if he signed the Birth Certificate when she was born and has been her "daddy" for three and half years??

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

Your husband would be required to bring an action to disestablish paternity. Typically a court will only disestablish paternity where there is actual fraud or mutual mistake. In your situation, both you and your husband knew that he might not be the biological father and therefore it is very unlikely the court would allow him to disestablish his paternity now.

I hope that this helps.

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