I have been separated for 3 years in VA. My legal husband and I are finally getting divorced. However I have just had a son with my current boyfriend. Will I need to include my son in the divorce even if there is no father listed on the birth certificate?
Technically, a child born during a marriage is presumed to the child of the husband. However, if your husband does not claim any rights to the child, your son would not normally become a subject of the divorce case. If your husband claims legal rights to the child, such custody/visitation, you have to request a paternity test and challenge his right to seek such relief.
Lawyers.com offers general information and not legal advice. It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater detail, based upon all facts in your case. Lawyers charge by the hour for their time, therefore, you need to discuss fees prior to setting up an appointment to avoid any misunderstandings about the cost of a consultation.
Best of luck~
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