Re: paternity

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Get a lawyer?

The name of the petition you would file varies from state to
state. In the majority of states, the child, no matter what
man's name is on the birth certification, is presumed to be the
product of the marriage where the biomom and biodad are married
at the time of the child's conception. Thus, in the majority of
states, you, sir, are the "presumed father." In many states, it
is a rebuttable presumption. You, of course, would have
standing to rebut the presumption. The fact that you were not
living together at the time of the child's conceptio is just
another fact to consider.

I don't know if the child has a birth certificate. You need to
find out. That's your responsiblity. Furhtermore, the child's
birth certificate is only one piece of evidence; but, until you
get the birth certificate, you have nothing. So, get the birth
certificate & take it with you to a lawyer.

Voluntary consent of all parties means nothing. A court has to
make an order as to who is or is not the biological father.

In order words, your word, and the word of biomom and the word
of alleged boidad is insufficient in the eyes of the law to
legally establish paternity of the child.

Get a laywer!

On 3/11/09, Stefan wrote:
> Hello, thank you for your response. That is what I thought.
> Would you know as of how to file a petition to disestablish
> paternity with voluntary consent of all three parties
> involved? I live in Florida, my wife and the biological father
> in California, the child has been born in California? Isn't
> there a birth certificate? If so I am certain that the
> biological father is mentioned as the father and not me. But
> that is probably not sufficient.
> Thank you for your time and knowledge.
> Best wishes, Steven
>
>
> On 3/11/09, sharwinston wrote:
>> Get a lawyer!
>>
>> When a marriage is annulled: There can be no alimony,
>> because, by definition, an annulment means there was no
>> marriage.
>>
>> However, annulments are exceedingly rare. Each state has
>> laws that provide for annulments only on specific grounds.
>> Since you haven't stated any grounds for annulment: You're
>> most likely looking at divorce -- and, probably alimony.
>>
>> Any agreement you have with her for an annulment is
>> unenforceable. Again, courts grant annulments only where
>> your State's laws specifically provide for annulment and you
>> can prove you meet the requirements therefor.
>>
>>
>> On 3/06/09, Steven wrote:
>>> Hi there, my wife recently delivered a baby. We are still
>>> married and I am not the biological father. We all agree
>>> to either have our marriage annuled or divorce. How can I
>>> make certain that I do not have to pay alimony. Which
>>> actions do I have to take in order to protect my position.
>>> Thank you for your help.