How do I file for paternity for a child that was conceived by me, but the women got married before the child was born?

I was dating a women that was seperated in april 2011 A few months later she became divorced jan 2012. We agreed and conceived a child together june 2012. We had a big arguement and filed cross injunctions against each other in august 2012. She remarried her ex husband in november 2012 while being 6 months pregnant with my child. I want to file for paternity and get rights to my child. My ex and husband are trying to deny me paternity. What can I do?

Saint Augustine, FL -

Attorney Answers (2)

Eric J Trabin

Eric J Trabin

Family Law Attorney - Winter Park, FL

File a petition to establish paternity. That will require a response from the woman. The woman will have to either admit or deny that you are the father. If she denies that you are the father then the court can order that a DNA test occur. Ultimately, the court would establish whether you are the legal father or not (currently the husband is the putative father) and that would establish your rights and responsibilities.

This is not to be considered legal advice nor does an attorney-client relationship exist.
Leonore M. Greller

Leonore M. Greller

Family Law Attorney - Coconut Creek, FL

I agree with the other attorney and ask what type of injunctions do you have against each other? if it is no contact as a result of domestic violence, and you pursue your rights, a third party will be required to intervene for time sharing appointments. And child support will also be set once paternity is established.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more

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