Re: paternity

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Hi Sharwinston,
thank you for your outlay. If I understand your correctly Florida
(where we were married) is the applicable court and not California
(where the child was born). Would you happen to know where I could
download such a petition? Should we first address paternity and
thereafter the divorce or would you recommend to start both at the
same time?
Thank you for your help,
Best wishes,
Steven

On 3/12/09, sharwinston wrote:
> 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.