Legal Question in Family Law in Colorado
Divorce Without Children
My children are the biological children of my estranged husband but, he is not on either of the birht certificatess as the named father. Do I have to file a divorce with children? He is thratening to file wone with children but is that legal? There is no legal document ation stating that he is the biological father. Which is the correct way to file?
1 Answer from Attorneys
Re: Divorce Without Children
Regardless of what the birth certificate states, any child born during the marriage is presumed to be a child of both spouses. And, even if you weren't married, the father could file an action requesting that a paternity test be done to prove legally that he is the father. Either way, it's best to go ahead and file and list him. If it turns out he's not the father, you've got legal documentation proving that. And, if he is the father, it's better to have something in writing at the end of the case regarding the expectations of all the parties, who pays child support, etc. That way if he doesn't hold up his end of the deal, you can enforce the order.
Hope this helps!
Christine C. Nierenz, Esq.
www.harrisfamilylaw.com