Legal Question in Family Law in Florida
Child born outside of marriage...
I just read a Q&A that startled me. My boyfriend is currently divorcing his wife. Yes, pro se (ugh!). They've been separated for 4 years; finally ''getting it done''. She ran off 4 years ago and had a baby with another man. I knew about the law stating that the baby, although not biologically from the husband, would still be considered the husband's and mentioned it in passing. Since the divorce papers has a question asking if there are any children concieved during, but outside of the marriage, does this mean this situation will be addressed when they go through the divorce hearings, or will they still on the side have to establish paternity with the bio father (who the ex has lived with since the birth as a family, etc.) AND/OR would the bio father STILL have to adopt? Everyone thought that since they both answered that question on the form declaring the child that the judge handling the divorce would address the matter and establish that the husband is not the father at that point, especially because there are shared minor children involved that the judge will have to address, as well. Are we all wrong? What needs to be done to make sure that the child belongs to the bio father in every way possible when the divorce is finalized?
1 Answer from Attorneys
Re: Child born outside of marriage...
This is exactly the type of situation that should NOT be handled without a lawyer. By law, your boyfriend is the father, and just checking the option on the standard form is not enough to relieve him of the responsibility. The judge will want to be assured that the child will have a father going forward. Often, the judge will want to make sure that the mother is filing a paternity suit against the biological father, and the judge may require that suit to finish before the divorce can be finalized.
Your boyfriend needs a lawyer or he may be stuck with many years of child support for a child that isn't his.
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