If a couple are married (or divorced within 10 months) at the time of conception, then there is a rebuttable presumption the child is of the marriage. If there has not been a divorce to rebut the presumption, then the child may be considered the husband's. Without knowing what your spouse did after she left, it is difficult to discern whether the child is considered yours or not. You say ex-spouse, but did you actually divorce? You can always file for divorce. There are ways of finding out where she is, but you or your attorney may have to hire a private detective if she cannot be found through less expensive means. Because your case has these complications, and you have waited so long to get a divorce, you will likely need to hire an attorney for the divorce/paternity action.
Answered on Jan 16th, 2015 at 12:15 PM