Will it matter in divorce proceedings if my child was born prior to our marriage?
June 17, 2025
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If you both already agree on issues like visitation and custody, then there are no paternity issues. The divorce agreement and petition would state that although the child was born before the marriage, paternity has already been established through the birth certificate.
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Hello. My child was born prior to our marriage. Is that gonna be an issue?
I understand your concern about your child being born before your marriage. Could you please specify what specific issues or concerns you have regarding this situation? For example, are you concerned about custody, paternity, or something else?
I'm filing for divorce, and the specialist on my case thinks there might be an issue. Not sure why. We got married months after my son was born.
Thank you for clarifying. Could you tell me if paternity was legally established for your son after he was born and before the marriage? This information can help the Family Lawyer understand your situation better.
Yes. Not sure how do you establish that, but he’s on the birth certificate.
Thank you for sharing that detail. Having the father's name on the birth certificate is a common way to establish paternity. Could you please share if there are any specific legal concerns or issues that have been raised by the specialist regarding your child and the divorce process?
That’s all regarding our son. I’m also planning to buy a property soon. Is there any legal way I can protect myself from my spouse in the future?
OK. Thanks for the info. The Family Lawyer can help with your concerns about protecting your interests when buying property during the divorce process. Is there anything else they should know before I connect you?
That’s all.
Hello! I'm Attorney/Professor, a Family Law expert here to help you navigate your concerns about divorce and property protection.
To clarify, do you both agree on issues like visitation and custody?
We are on divorce proceedings right now. But yes, we are in good terms.
If you both already agree on issues like visitation and custody, then there are no paternity issues. The divorce agreement and petition would state that although the child was born before the marriage, paternity has already been established through the birth certificate.
Do you have any other questions about this issue that I can help you with?
Thank you. I also want to buy a property soon. Is there any legal document to protect myself in the future?
If you are separated and did not purchase the property with marital funds, you are automatically protected legally.
I will proceed to close this thread if you don’t have additional questions regarding your initial inquiry, but I'm always here to help with your future inquiries. Just post your question on a new and separate page and I'll be ready to assist.
