Wife got pregnant with another man while married. Husband is on the birth cert.. Now real father died. Husband wants divorce

Asked 11 months ago - Winter Haven, FL

I got pregnant with another man while im married with my husband. My husband has no clue that he is not the real father. He signed the birth certificate. Now, husband wants to divorce me wheh he found out the truth. Can I get child support from the real father who passed away? I don't want to get child support from my husband since he is not the real father? What can I do? please advice.

Attorney answers (4)

  1. Carin Manders Constantine

    Contributor Level 19

    7

    Lawyers agree

    Answered . You need a lawyer that handles Legal/Bio issues of Paternity and handles Estate matters. This is too complicated with too much at stake to handle over the internet. Your child deserves the best.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq.... more
  2. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . I agree this is way too complicated for an online forum and you need to be discussing directly with an attorney. The problem I see you having is that there is no legally established paternity of the now deceased biological father. I wish you the best.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  3. Betty Elaine Jones

    Contributor Level 18

    5

    Lawyers agree

    Answered . If the biological father of the child is deceased and paternity was never established. You will not be able to recover from the estate. Your husband can file a Petition to Disestablish Paternity or contest it in the divorce if you try to claim the child is his. You should really hire an attorney to assist you with this. Good Luck.

    Sincerely,
    B. Elaine Jones, Esq.

  4. Betty Elaine Jones

    Contributor Level 18

    4

    Lawyers agree

    Answered . If the biological father of the child is deceased and paternity was never established. You will not be able to recover from the estate. Your husband can file a Petition to Disestablish Paternity or contest it in the divorce if you try to claim the child is his. You should really hire an attorney to assist you with this. Good Luck.

    Sincerely,
    B. Elaine Jones, Esq.

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