Husband refuses to attend parenting classes because child is not his

[kathbahl]

My husband refuses to attend parenting classes due to extenuating circumstances. We were married at the same time that I joined the USAF. From that point forward he held part-time jobs here and there and refused to get a real job. He had just left the Marine Corps when were married. I was deployed after only being married a year and a few months, while away in the middle east he called me and informed me he had broken our marriage vows by being with other women and was also interested in men and wanted me to partake in this lifestyle when I returned home. I was devastated and decided that I could not reconcile with him. I began seeing someone several months later and long-story short found out I was pregnant in Jan 2010. I finally decided to try to file my divorce myself and got everything completed and filed, but did not attend parenting classes since the child was not mutual. I received in the mail last Friday a reply from the court saying my husband and I must both attend the classes in order to complete the divorce. I went immediately on Monday night and completed the course. My husband said he would too. But today he emailed and said the child was not his and he refused to pay $40 or take the class. And He said he was going to file for divorce himself. Do I have any recourse? Can the courts force him to take the class? Whom do I inform about his refusal to cooperate with the parenting classes? He is trying to get into the Navy and wants me to sign some papers stating we are married, perhaps to get married pay. I just want out of this marriage. Can you help me with this question please?

[Attorney Howard Iken]

Neither of you should have to take the parenting class. The fact that the court issue a parenting class order means you filed improper forms, or they had improper language.

I have not seen your documents but my guess is that you are about to establish the child as a marital child. This would be a permanent determination. You need to see a lawyer to check on your documents and straighten them out.

[kathbahl]

When I filed I was extremely careful to list my son as a non-marital or non-mutual child and even went as far as to state the name of his actual father. I was under the assumption that this class would not be required either, but when the papers came from the court stating that I was required to take them, I assumed I was wrong. I had a good friend who is a lawyer look them over for me before I filed and she said everything was in order. Is there some way to address the court and or some paper to file to inform the court that this is not a marital child so that we can proceed to getting a court date? Is it possible that a clerk didn't look at the papers thoroughly to see that the child was not mutual? The papers do list the child as being born during the marriage, but not mutual. In the order of the papers it is pretty far into the set before there is any place to declare him non-mutual.

[kathbahl]

Forgot to include that the only place in my paperwork listing the child is the petition for dissolution, and the Notice of social security. On the P. for D., where it asks to list children common to the marriage it is left blank. In the following section it asks for dependent or minor children not common to the marriage and this is where my sons info is listed with his birth Father stated as being his father. In the Notice of SS it is stated that there are no minor or dependent children common to both parties. I used this phrase repeatedly on any section referring to children. I can hardly think that if they read the paperwork that this got past them. That's why I assumed I must be wrong. UCCJEA was not filed, the clerk said it was not necessary in a case with no mutual children.

[Attorney Cheri Hobbs]

You can request a hearing with the court to address this issue in front of the judge.