Should a Paternity Action Be Filed Before Filing for Divorce?
Full Question:
My brother just found out his 8 month old baby is not his. They have been on the rocks for some time. He just wants to be divorced and move on. His wife has said she will get him for child support. He does not want to pay child support for this a child, because he feels it is time his wife takes responsibility for her actions. They also have 2 other children which he was told also may not be his but to him no matter what they are and he's going to take care of them. He did a home paternity test which the results say he is not the father to the baby. Should he file divorce and fix paternity during the divorce ( which has not been put in motion yet or should he go to court and get paternity settled? He knows who the real father is.
03/06/2011 |
Category: Paternity ยป Court Action |
State: Wisconsin |
#24352
Answer:
The divorce and paternity action may be filed at the same time, or a paternity action may be filed first. However, if you go through the divorce and do not contest paternity and a final decree is entered, you will have waived your right to contest paternity because the Court order will contain a declaration that the child is a child of the marriage, your child and your wife's child. If paternity is doubted, it should be settled before custody and child orders are entered in a divorce.