QUESTION
Do I still have to put my daughter down on the divorce paperwork if she is not my husband's biological daughter?
Asked on Apr 11th, 2015 on Divorce - Oregon
More details to this question:
I'm trying to file for divorce here, I've had 3 children. One died due to my husband, 1 both our rights are terminated for, and the last one he was disestablished as the child's father. The state had proven he was not biologically her father and took his legal rights as her father, and gave them to her real dad. Do I still have to put her down on the divorce paperwork?
1 ANSWER
If your soon-to-be ex is not your daughter's biological father and he has never adopted her, he is not her father in any sense and you do not have to name her as a joint child in your Petition for Dissolution of Marriage. Further, he has no visitation rights whatsoever but he also has no obligation to help support the child (but her real Dad would have a right to seek parenting time and he has a duty to contribute to her support).
Answered on Apr 15th, 2015 at 1:15 PM