Full question:
My brother just found out his 8 month old baby is not his. They have been on the rocks for some time. He just wants to be divorced and move on. His wife has said she will get him for child support. He does not want to pay child support for this a child, because he feels it is time his wife takes responsibility for her actions. They also have 2 other children which he was told also may not be his but to him no matter what they are and he's going to take care of them. He did a home paternity test which the results say he is not the father to the baby. Should he file divorce and fix paternity during the divorce ( which has not been put in motion yet or should he go to court and get paternity settled? He knows who the real father is.
- Category: Paternity
- Subcategory: Court Action
- Date:
- State: Wisconsin
Answer:
The divorce and paternity action can be filed simultaneously, or the paternity action can be filed first. However, if you proceed with the divorce and do not contest paternity, you may waive your right to challenge it later. A final divorce decree will declare the child as a child of the marriage, which means you would be recognized as the legal father. If paternity is in question, it’s best to resolve it before any custody or child support orders are established in the divorce.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.