Legal Question in Family Law in Minnesota

Re: Child paternity question

You have a complicated situation.

Because you married your husband prior to giving birth, the law might presume him to be the father. However, if the biological father were interested in contesting this, he might argue that the child was not conceived during the marriage. I�m not certain how that would shake out.

What if you and your husband divorce? Will he claim that he isn�t this child�s father? Then what?

Does the biological father know about his child? If so, has he made any attempt to see the child or help finically support the child? (Your email suggests not. Bio dad is married and has his own family)..I suppose if the news were broken to his wife that he has a child with another woman, it would lead to problems.

There are a lot of things to think about in your situation:

- If you ask for child support from your son�s father, the father might want parenting time with his son. (Most dads who have regular contact with their kids are better child support payors than those who have no contact with their kids)

- You might need to know more about the biological father for medical reasons: As you probably know, heredity plays a big part of our health and your child needs to know the father�s medical history and the medical history of his family.

- Do you plan to ever tell your son that your husband is not his biological father? Does your son deserve to know the truth of who is father is, or will the truth further complicate things?

There are no easy answers to any of these questions, I�m afraid. Try to be guided in what is in the best interests of your son.

You might want to talk to a lawyer in person about these issues. I�m in Mankato. If you live near Mankato, feel free to call to set up an appointment. The first � hour is free. If you live far from Mankato, try finding a lawyer who lives in your community.

Good luck with some very tough decisions.

Herbert C. Kroon

Attorney at Law

Chesley, Kroon, Harvey & Carpenter

[email protected]

507 6253000

Re: Child paternity question

You should be able to still go after the biological father, as long as you and your husband are not yet divorced. We offer a free intial consultation. Please call me if you would like to discuss this matter further.