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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118128
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Now, x husband is legal father to a one month old boy because

Customer Question

now, x husband is legal father to a one month old boy because mother purged when asked if pregnant during the divorce proceeding. ex husband is not the biological father. How does mother go about getting ex husbands legal rights severed. Baby boys biological father is unknown and unable to locate at this time It has more to it, very complicated. Mother has been striped of her physical custody by CPS of this baby boy and three other siblings. The two older girls, which are the ex husbands legal and biological children have been ordered to his temporary physical custody and the infant and three year old siblings have been ordered to me, maternal grandmother, as relative caregiver
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The mother would have to have filed a paternity action to prove in court with DNA testing that the ex husband was not the father of the child. There has to be a court ordered paternity action, which would mean to sever the ex husband's rights a lawsuit has to be filed and a DNA test has to be ordered to prove no paternity and prove who is the father.
The law states that the husband of the mother is the father is the child and that a child born within 9 months of the divorce is considered the child of the husband/ex-husband. The exception is if credible scientific evidence proves they are not the father.
So a paternity action needs to be filed and fraud of her testimony lying about the pregnancy as well as a DNA test of the ex husband proving he is not the father.