How do I handle a divorce when I have children? 23 Answers as of June 08, 2011I am filing for divorce and our two children were born before we were married 1-in 1997 and the other in 1998 we got married in 1999. Do my children have to be in papers since they were born out of marriage? Also on our daughter’s birth certificate he is not listed as father, it's blank. He is listed as father on our sons. Just need to know the laws on how to handle this situation.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
The fact that you did not marry until after your children were born should not affect the dissolution of the marriage and child custody. There might be an issue if your husband questions paternity of your daughter. I would suggest discussing the matter with an attorney.
Answer Applies to: Washington
Michael Anthony Wing, P.C. | Michael Anthony Wing
If you do it by agreement and since the children were not born "of the marriage," you can simply file and omit them, however, you are missing the opportunity to have support ordered as a part of the divorce. Stay well.
Answer Applies to: Alabama
Theodore W. Robinson, P.C. | Theodore W. Robinson
You'll need to consult personally with a matrimonial lawyer for detailed information on this question. Normally, if the father is named on the birth certificate, that's sufficient to establish paternity. If that didn't happen,the father can simply accept the child as his and that ends it. If he suddenly refuses to acknowledge the children as his, then a paternity petition must be filed in Family Court and they will do a DNA test on all parties and prove he's the father and that will settle the issue. Good luck.
Answer Applies to: New York
John E. Kirchner, Attorney at Law | John Kirchner
If they are your husband's children, they all need to be identified and dealt with in the divorce. His name only got on the birth certificates with his consent and implied admission of paternity, so the law presumes he is the legal father until he can prove otherwise. Apparently, the child who has no listed father was not born during the marriage, so it will be necessary for the divorce court to make a judicial ruling that he is the father and he may be allowed to require paternity testing. You need to consult an attorney to get a better understanding of how the law applies to your fact situation.
Answer Applies to: Colorado
Berner Law Group, PLLC | Jack Berner
If this is a Washington case, the kids can be included within the divorce proceedings provided you go about it the right way. If you reside in Western Washington, feel free to contact my office for a free, no obligation consultation-by phone or in person-about this situation.
Answer Applies to: Washington
Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
You will need to list all of your children whether they were born during your marriage or not. If you husband does not believe they are his children he can challenge the fact in the divorce. If you have questions, go to your local court house and pick up a "self help" packet. If you need a lawyer in East Portland, Multnomah or Clackamas County, we can help.
Answer Applies to: Oregon
The Coyle Law Office | T. Andrew Coyle
You likely will want to include the children in the divorce petition while also stating they were born prior to the marriage. If you expect to receive child support, you will want to acknowledge their existence as well as that your husband is the father of all the children.
Answer Applies to: Illinois
Goolsby Law Office | Richard Goolsby
I would recommend, in an Augusta, Ga divorce, that the existence of the children be openly disclosed in the complaint and ask the court to address the issues of custody, visitation, and child support. Then, it would be up to the other party to contest being the parent. Consult with your own divorce attorney about all the facts and all your rights and options. Good luck!
Answer Applies to: Georgia
Beaulier Law Office | Maury Beaulier
Yes, the children must be included in the divorce papers. That is certainly true if your spouse is the parent of the children. He may assert his rights as a parent as part of any divorce action including seeking genetic testing if paternity is contested.
Answer Applies to: Minnesota
Naomi Hirayasu Attorney at Law | Naomi Hirayasu
It depends in part on how you choose to approach the matter. Issues to resolve include child custody and child support. If you represent to the court that he is the father, and if he is not able to rebut that representation, then the court can decide both custody and support. If he is not on a child's birth certificate, and the child was born before the marriage, and you choose not to consider him the father, then the divorce court will decide neither child custody nor child support in the divorce, unless father enters an appearance and claims that the child is his. If the parties disagree on paternity, it is possible for the court to order a genetic test to determine paternity, and the results of the test would determine whether the court would choose to address child custody and child support in the divorce action. My contact information is below. Do please feel free to contact me with any further questions or concerns.
Answer Applies to: Hawaii
The Grigsby Firm | Sherlock Grigsby
This depends on whether your spouse is contesting paternity, custody and or child support. Unfortunately its never as simple as yes or no. If paternity is contested this will have to be adjudicated prior to any award of custody and or support.
Answer Applies to: District of Columbia
Ashman Law Office | Glen Edward Ashman
First of all your post makes it sound like you are about to make the worst mistake of your life - filing without a lawyer. ANY divorce with children is complex and yours is more so given the birth certificate. All your children must be listed and your divorce will have to address support, custody, visitation, a parenting plan, health insurance, and other issues.
Answer Applies to: Georgia