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I just entered for 28th week of pregnancy and am going to start the process of filing for divorce from my estranged husband. We've been seperated (not legally) for some time now and I'm pregnant with another man's child, my question is how does this affect the baby? I've heard that because by law we're still legally married that the baby will be considered my husband's and he'll be responsible for child support. What if my divorce is not finalized before the baby is born?? What steps do I need to take in assuring the baby's rightful last name is placed on the birth certificate?? Any information would be most helpful!!!
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Best thing you can do is have a paternity test done right after the baby is born so you have proof of who the father is. The dad would have to be present to sign the birth certificate if the two of you are not married.
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I don't think it matters who you are married to when the baby is born, paternity is paternity. If this isn't your husbands child then there is no issue, and you will be the one to tell the hospital who to put as the father on the birth certificate. If this isn't your husbands child then he should have no legal obligation.
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I agree with what kay and mjvdec said. i don't know where you heard that but if this other man you are seeing is the father he is responsible for the baby, and if there is any disagreement about who the father is a dna test will clear that up.
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From a legal standpoint, her husband would be a__sumed to be the father unless she stated otherwise. It would be his burdon to prove to the court the child was not his....law's wierd like that. The only problem your husband could temporarily make is to say the baby is his, but again that problem would be solved with a dna test. You, as mom, have the right to choose the baby's last name.
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yeah even if your baby isnt your husbands he is still concidered the father as long as you were married any time during pregnancy. but you can put whatever last name on the birth certificate. i dont know if it varies state by state but i went to legal a__sistance and thats what i was told. you should call the courthouse, they have a person there who tells you the laws and will give you the divorce papers. they cant advise you what to do like a lawyer but they can tell you the law. its a great service and its free!!!!!! i am some what in the same boat as you, trust me, call the courthouse!!!
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