Re: paternity

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I recommend you get a lawyer.
This is not a DIY.
I recommend you get the child's birth certificate.
I recommend you get a lawyer.

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