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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27280
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My name is I am seeking on how to disestablish paternity

Customer Question

Hi, my name is ***** ***** am seeking for answers on how to disestablish paternity from my " ex " husband who we both know and can agree is not the biological father. He lives in Indiana for the past 5 years. Does not give child support, and threatens to take my son away from me.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Was the child born while you were married?

Customer: replied 1 year ago.
He was in mexico when I got pregnant. We were separated at the time I conceived. But since we never had children of our own he wanted to be the baby's father. So when I gave birth he signed the birth certificate as the father.
Expert:  FamilyAnswer replied 1 year ago.

Thank you. It will be up to the Judge, when deciding to terminate his parental rights. Since you were married at the time and he was named on the birth certificate, there is a presumption he is the father and he has maintained those rights, over the years. If you can not he has abandoned the child and neglected the child, there there could be grounds for this. However, if the issue is him not giving child support, you could go after him and have it court ordered. That is a separate issue from visitation. What the lawyer shared with you, is what likely needs to happen, unless you can present a legal basis to ask for the Judge to terminate his rights. To come back now, after all these years and first say that he is not the father, may not be enough alone, for it to happen

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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