Divorce with or without children?

[ButterflyMom]

I Live in New Mexico and My husband and I have agreed on getting a divorce as we can not get along. I have a 15 month old daughter who was born while i was married to him but she is not his biological daughter. His name is on the birth certificate. Do I file for divorce with or without children? I'm confused on this as to he is not her biological father. Can You please help?

 

[Proserpina]

He is legally the child's father hence you have a divorce which involves a child.

 

[Duranie]

Does he know he is not the father? Since you gave birth while married and paternity was not disputed, he is the father legally. It is probably too late to take him off the paperwork. If he agreed to be daddy to this child, he/she is his. The Dad should not be taken away just because of a divorce. Be preapred to work out visitation and everything else.

 

[nitikasnv]

I think:

Hi,

IF she is your child legally .

Then you can do case that you want child's custody.

And you must consult a lawyer.

Thanks