QUESTION
How do I handle a divorce when I have children?
Asked on Jun 02nd, 2011 on Child Custody - Hawaii
More details to this question:
I 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.
11 ANSWERS
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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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.
Answered on Jun 08th, 2011 at 10:08 AM
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.
Answered on Jun 06th, 2011 at 2:23 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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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.
Answered on Jun 06th, 2011 at 1:58 PM
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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.
Answered on Jun 06th, 2011 at 12:21 PM
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.
Answered on Jun 06th, 2011 at 11:15 AM
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.
Answered on Jun 03rd, 2011 at 2:04 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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In Washington you should still identify the children in the legal documents. If your husband is the father of the children, then you will also need to work out both a parenting plan and a child support order.
Answered on Jun 03rd, 2011 at 11:47 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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I'm sorry, but your issue is way too complicated to be addressed without a lot of additional information and a knowledge of your local state law. Please contact a local domestic relations attorney for assistance.
Answered on Jun 03rd, 2011 at 11:47 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Paternity will need to be established at some point and they will need to be listed in the divorce paperwork.
Answered on Jun 03rd, 2011 at 11:37 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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What you need can be accomplished; that is to get a divorce and have child support ordered on both children. It is too complex to explain, but you need to hire a lawyer.
Answered on Jun 03rd, 2011 at 11:37 AM
Adoption Law Attorney serving Honolulu, HI
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Naomi Hirayasu Attorney at Law
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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.
Answered on Jun 03rd, 2011 at 11:37 AM