QUESTION: How does my upcoming divorce legally involve my child? I can't afford an attorney, and am researching filing on my own, but I have one major question to clarify first. I separated from my mentally unstable, mental/emotionally abusive, drug/alcohol addicted husband 3 yrs ago. I would like to finally divorce him. I have a 5 year old child who was born well before the marriage, for whom no father is listed on the birth certificate and no paternity is established. He is most likely not my husband's child. Do I have to include him in the divorce? My husband has never had any interest in him, has not attempted any relationship with him before or since the split, and has provided no support. Because of my husband's abuse and instability, I would like to omit my child from the divorce if possible, out of genuine fear for my child's safety and well-being.
MY RESPONSE: Under the circumstances that you list, you would be justified to exclude/omit your child from the Petition, i.e., not to list your child as a child of the marriage.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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