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Need legal counsel/advice.

Tony

Tony

Well-Known Member
Contributor
My girlfriend may or may not be pregnant. But here's the deal. Technically she's still married. She hasn't been with the guy for like nine months, they weren't married that long because he was extremely abusive. She has a restraining order on him and it turns out so does his mother and sister. She is getting the divorce papers served to him in the near future but is just saving the money for all that.
But to the point, if she is preggo, he wont have any say in this childs life will he? Like if the divorce isn't finalized by the time we find out for sure.
 
he technically will.

since in most western laws when a married woman has a kid. the husband of the wife is by law the father.

so you will need to rectify that

you will have to legally challenge the paternity, preferably after divorce.


congrats man

edit: their might be a difference in you jurisdiction. especially with the restraining order out. but probably not. he is just the father by law.
 
I think Dutch is wrong
 
DutchJazzer said:
i am either wrong or i am right.
there's only 2 things i can be right or wrong!
Click to expand...

I agree and I think you are wrong.

No I don't want to bet on it since I don't know what the law is for this situation.
I don't think you do either
 
In my limited experience as long as you can get your name on the birth certificate you are the legal father.
 
fishonjazz said:
I agree and I think you are wrong.

No I don't want to bet on it since I don't know what the law is for this situation.
I don't think you do either
Click to expand...


sadly i do, unless he lives in sharia law. which would mean they are in for a world of hurt.


goddammit i was trying to be helpful to this gent. then you trolled me and now i am trolling.


ok back on topic! there are some lawyers on this board we just have to wait for them, to confirm that i am right. and not a liberal leftist :p.


thats the fun part about being conservatives your always right even when your wrong.




tony sorry for derailing this thread i mean no disrpespect to you. and women abusing is no joke.
 
OP - She has the baby, doesn't invite the father to the hospital, and for sure does not have his name added to the BC. Do you want your name on it? I would, but that's just me.

Anyway, leave him off and then, if he fights her to put it on later (he won't), then she immediately takes him to court for child support. No **** head guy is going to want to have his name on the BC of another dude's baby and pay child support just to be a prick. Won't happen.
 
Tony said:
My girlfriend may or may not be pregnant. But here's the deal. Technically she's still married. She hasn't been with the guy for like nine months, they weren't married that long because he was extremely abusive. She has a restraining order on him and it turns out so does his mother and sister. She is getting the divorce papers served to him in the near future but is just saving the money for all that.
But to the point, if she is preggo, he wont have any say in this childs life will he? Like if the divorce isn't finalized by the time we find out for sure.
Click to expand...

I just did some googling, because believe it or not.. I'm in the same boat.

DutchJazzer said:
he technically will.

since in most western laws when a married woman has a kid. the husband of the wife is by law the father.
Click to expand...

This seems to be true in at least 5 states I've been reading in forums.
One of the posters said that the mama can opt to not put the fathers information on the birth certificate, that way your child won't have her husband(x-husband to be) last name. Afterward you may to a paternity test to claim the child, but not till after the divorce is finalized.
 
When one of my children was born the mother was still married but hadn't been with the guy for like two years. He had to come down to the hospital and sign a paper saying he was not the father. Otherwise my name wouldn't go on the BC and he would have been listed as the father.

But that was in 2007 and in Utah.


In my case I had her call him and basically tell him if he valued his ability to walk he better get there by noon. He showed up 30 minutes later signed the paperwork and left. We never even saw him lol.
 
Shouldn't a paternity test be the only thing that determines who the father is?
 
fishonjazz said:
Shouldn't a paternity test be the only thing that determines who the father is?
Click to expand...

In some states, like Utah, it is automatically assumed that the husband is the father. A DNA test or the husband signing paperwork denying paternity are needed to prevent that.
 
Stoked said:
In some states, like Utah, it is automatically assumed that the husband is the father. A DNA test or the husband signing paperwork denying paternity are needed to prevent that.
Click to expand...

Lady:"Hi, I'm having a baby! Can I get pre-admitted please?"
Hospital admissions: "Ok, let's collect some information"
[lots of questions, typing, etc]
Hospital admissions: "Are you married?"
Lady:"..No."
Hospital admissions: "Okey Dokey. That about covers it"

If the hospital doesn't know, how would they ever know to put the husband on the Birth Certificate? Just make sure you're the one there when they're filing all that paperwork and I'm pretty sure you're gonna be fine.
 
ElRoach0 said:
Lady:"Hi, I'm having a baby! Can I get pre-admitted please?"
Hospital admissions: "Ok, let's collect some information"
[lots of questions, typing, etc]
Hospital admissions: "Are you married?"
Lady:"..No."
Hospital admissions: "Okey Dokey. That about covers it"

If the hospital doesn't know, how would they ever know to put the husband on the Birth Certificate? Just make sure you're the one there when they're filing all that paperwork and I'm pretty sure you're gonna be fine.
Click to expand...
Maybe she could get in trouble legally for lying about her marital status and it could come back to bite her and the father if the husband took them to court?
 
Say they're divorced by the time the baby is born, it will be okay? I'm just worried he wont sign the papers or **** em up.
 
If she is divorced when the baby is born you should be fine.

Also, as others have already said, get a DNA test if he has to sign them and won't. That will solve it as well.

Don't stress over it.
 
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