Following a divorce, how can we terminate parental rights when child was not husband's child?

Full question:

I have a 5 year old son. Both my ex-husband and I knew ther was a chance that my son wasn't his child. It was agreed it didn't matter and we would try to put our marriage back together and he would raise my son as his. Shortly after my son was born the marriage fell apart. We were divorced 2 years ago and paternity wasn't contested at that time. Approx 6 months ago my ex-husband was badgering for a pternity test, I did get the testing done and he is not the biological father. He does paly somewhat of a part in my sons life however, I would like to get his parental rights terminated but still allow him visitation to my son. We live in the state of Connecticut. Is the Termination of Parental rights based on Paternity a possibility? Especially seeing as I would still allow visitation which would be in the best interest of my son at this age. The reason I would want this done is soley legal purposes. If something were to happen to me my son at this point would automatically be left with my-ex husband, I do not want this to be the case. Thank you, a very concerned Mom!! I made a mistake at the time of my divorce and really need to know how to correct this for my sons sake!! Thanks again

• Category: Paternity
• Subcategory: Termination of Parental Rights
• Date: 04/07/2025
• State: Connecticut

Answer:

Typically, a married woman's husband is considered the father of a child born during the marriage. It will be a matter of determination for the court whether or not your marriage is valid. It is possible that a court may find the marriage isn't valid due to previous marriage or that it was entererd into for fraudulent purposes for immigration-related reasons.

In Connecticut, there are only three ways of legally establishing paternity: (1) the marital presumption if the mother and the putative father are married to each other; (2) adjudication of paternity by a court of competent jurisdiction; or (3) a formal acknowledgment of paternity in accordance with the acknowledgment statute.” Hjarne v. Martin, No. FA00-0631333 (Conn. Super. Ct., J.D. Hartford, Apr. 21, 2002).

However, there is a rebuttable presumption: "We have never held, however, that this presumption is irrebuttable and conclusive against a person claiming to be the biological father of the child. On the contrary, we have held that this presumption may be rebutted a person who presents clear, convincing and satisfactory evidence that the mother's husband is not the child's natural father." Ibid., p. 69.

“Proceedings to establish paternity of a child born or conceived out of lawful wedlock, including one born to, or conceived by, a married woman but begotten by a man other than her husband, shall be commenced by the service on the putative father of a verified petition of the mother or expectant mother.” (emphasis added), Conn. Gen. Stats. § 46b-160(a) (2005).

Therefore, in order to determine legally that a man is not the father of the child born during marrigage to the mother, a paternity action must be brought. Medical testing ordered by the court will be required. If the child is receiving state aid, the state will require disclosure of who the putative father is.

“If the mother of any child born out of wedlock, or the mother of any child born to any married woman during marriage which child shall be found not to be issue of the marriage terminated by a decree of divorce or dissolution or by decree of any court of competent jurisdiction, fails or refuses to disclose the name of the putative father of such child under oath to the Commissioner of Social Services, if such child is a recipient of public assistance, or otherwise to a guardian or a guardian ad litem of such child, such mother may be cited to appear before any judge of the Superior Court and compelled to disclose the name of the putative father under oath and to institute an action to establish the paternity of said child.” Conn. Gen. Stat. §46b-169(a) (2008).

If the court determines that the child is not the issue of your ex-husband, then he will have no parental rights to the child. If there is a standing court order from the divorce which provides for visitation and child support, those order will have to be modified.

If you are determined to be the custodial parent, then you will have the authority to allow your child to visit with whomever you feel comfortable and to do what is in the best interest of the child.