Legal Issues
Hi Kyle,
I am a family law attorney. Although states are different, they have many of the same principles. In the state where I practice, you are the "presumed" father, but you can (and should) challenge paternity as part of the divorce action. Specifically, in this state, you would ask the court to order genetic testing and, ultimately, an "adjudication of nonparentage."
It really helps that you know who the biological father is. Again, in my state, I would implead the bio father as a co-respondent as part of the divorce action, and then the court could order him to undergo genetic testing, which would bolster your case. However, if he disappears, it would be sufficient to have testing of just you, your wife, and the baby to prove nonparentage, UNLESS she has a viable "adoption by estoppel" argument.
Bottom line, you should see a family law attorney in your state. I always charge for initial consultations, but many attorneys do not. In any case, DO NOT sign anything unless you get legal advice.
Rick
Hi Kyle,
I am a family law attorney. Although states are different, they have many of the same principles. In the state where I practice, you are the "presumed" father, but you can (and should) challenge paternity as part of the divorce action. Specifically, in this state, you would ask the court to order genetic testing and, ultimately, an "adjudication of nonparentage."
It really helps that you know who the biological father is. Again, in my state, I would implead the bio father as a co-respondent as part of the divorce action, and then the court could order him to undergo genetic testing, which would bolster your case. However, if he disappears, it would be sufficient to have testing of just you, your wife, and the baby to prove nonparentage, UNLESS she has a viable "adoption by estoppel" argument.
Bottom line, you should see a family law attorney in your state. I always charge for initial consultations, but many attorneys do not. In any case, DO NOT sign anything unless you get legal advice.
Rick