baby not husband's

[lorac]

Florida is state. My son lives in Florida and his wife lives in Georgia. They are married and he has just filed for divorce. He has just found out that his wife in 8 months pregnant. He has lived in Florida for one year and the baby is not his. He has told her not to put his name on the birth certificate. Can she put his name on the birth certificate since they are not divorced and can she make him pay child support for the unborn child.? He has 2 children with this women and they live with her in Georgia. He takes the girls for the summer and tries to visit them on holidays. Hopefully he can get custody of his two children soon.

 

[Just Blue]

He will be the legal father of this child and will have to have paternity disestablished. He really needs an attorney to handle this.

 

[SOLDIERFIRST]

file for divorce

Florida is state. My son lives in Florida and his wife lives in Georgia. They are married and he has just filed for divorce. He has just found out that his wife in 8 months pregnant. He has lived in Florida for one year and the baby is not his. He has told her not to put his name on the birth certificate. Can she put his name on the birth certificate since they are not divorced and can she make him pay child support for the unborn child.? He has 2 children with this women and they live with her in Georgia. He takes the girls for the summer and tries to visit them on holidays. Hopefully he can get custody of his two children soon.

Sorry for your son's predicament, but he should file for divorce now on the grounds of adultery with the child being the proof. He should not have to pay support.

Good Luck

 

[Ohiogal]

Sorry for your son's predicament, but he should file for divorce now on the grounds of adultery with the child being the proof. He should not have to pay support.

Good Luck

He cannot file for divorce -- well he can but he will not be able to divorce her NOW because she is pregnant. The child can be proof of adultery HOWEVER adultery is not needed to get a divorce. He very well may have to pay support until paternity is disestablished because he is the legal father of the child.

 

[SOLDIERFIRST]

You missed the point

He cannot file for divorce -- well he can but he will not be able to divorce her NOW because she is pregnant. The child can be proof of adultery HOWEVER adultery is not needed to get a divorce. He very well may have to pay support until paternity is disestablished because he is the legal father of the child.

By filing for divorce on the grounds of adultery and the unborn child being the proof supports his agrument that he should not have to pay child support until parternity is proven.

Why would he not be able to divorce her if the baby is not his?

 

[Just Blue]

Why would he not be able to divorce her if the baby is not his?

If you don't have sufficient legal knowledge to know the answer to this, then you should not be posting on this thread.

 

[moburkes]

If you don't have sufficient legal knowledge to know the answer to this, then you should not be posting on this thread.

Exactly. Most states don't require a fault. How can the unborn child be proof? You won't get proof until the child is born. Now, soldier, shut the hell up.

 

[Ohiogal]

No you actually missed the point

By filing for divorce on the grounds of adultery and the unborn child being the proof supports his agrument that he should not have to pay child support until parternity is proven.

Why would he not be able to divorce her if the baby is not his?

Because LEGALLY the baby is his. Legally states will not allow divorce to occur while the woman is pregnant. LEGALLY he needs to disestablish paternity because by virtue of the fact that they are married paternity is proven with him being the father. Plain and simple. Unless he has proof of adultery (the baby is not proof UNTIL after the birth and he DISESTABLISHES paternity) then stating adultery will NOT get him anywhere.

 

[nextwife]

Because LEGALLY the baby is his. Legally states will not allow divorce to occur while the woman is pregnant. LEGALLY he needs to disestablish paternity because by virtue of the fact that they are married paternity is proven with him being the father. Plain and simple. Unless he has proof of adultery (the baby is not proof UNTIL after the birth and he DISESTABLISHES paternity) then stating adultery will NOT get him anywhere.

Now, IF there is a medical reason an amnio or CVS test is being done anyway, he certainly can petition the court to require the lab also run DNA test at that time. There are circumstances in which DNA may be available prior to birth. That was the case with my pregnancy.

 

[moburkes]

Now, IF there is a medical reason an amnio or CVS test is being done anyway, he certainly can petition the court to require the lab also run DNA test at that time. There are circumstances in which DNA may be available prior to birth. That was the case with my pregnancy.

Agreed. If medically necessary. However, not solely to determine paternity.

 

[SOLDIERFIRST]

so you are the high one?

If you don't have sufficient legal knowledge to know the answer to this, then you should not be posting on this thread.

When I registered for this site, I didn't see where I had to be a lawyer or have a certain amount of legal knowledge. Nor did I see where I would be restricted to certain areas of this site. I guess my common sense approach will not swing a jury??? I mean, let see, he is living in FLA, his wife and kids are in GA, he knocks her up while he is in FLA (jesus reborn) or should I say she gets knocked up?????

By filing for divorce on adultery grounds, puts the courts on notice that he is contesting the paternity of the unborn child. If the courts grant him divorce on adultery charges then it will help with the desertification of paternity with the child when it is born.

The only problem I see is where he files for divorce, in FLA because that is where he resides or does he have to go back to GA because that is where the kids live?

I would file in the state where the adultery took place.

 

[moburkes]

1. He can't file in the state in which adultery took place.
2. How the hell does he KNOW where conception took place.

If you're going to give advice, at least let it be correct. Or shut up.

 

[SOLDIERFIRST]

but there is a fault.

Exactly. Most states don't require a fault. How can the unborn child be proof? You won't get proof until the child is born. Now, soldier, shut the hell up.

So you assume that the OPs son will file for a NO FAULT divorce????? Wow, you like to take the easy way out.

As for proof, if husband was out of town, state, country during the period the unborn child was concieved (I think there are ways to determine this time period) and he can prove that there was no way in H E Double Hocky Sticks that he can be the father? I could be wrong, but he could have left some semen in the fridge for her to use while he was gone, but I doubt that.

 

[Silverplum]

When I registered for this site, I didn't see where I had to be a lawyer or have a certain amount of legal knowledge. Nor did I see where I would be restricted to certain areas of this site. I guess my common sense approach will not swing a jury??? I mean, let see, he is living in FLA, his wife and kids are in GA, he knocks her up while he is in FLA (jesus reborn) or should I say she gets knocked up?????

By filing for divorce on adultery grounds, puts the courts on notice that he is contesting the paternity of the unborn child. If the courts grant him divorce on adultery charges then it will help with the desertification of paternity with the child when it is born.

The only problem I see is where he files for divorce, in FLA because that is where he resides or does he have to go back to GA because that is where the kids live?

I would file in the state where the adultery took place.

Soldier, I love soldiers. Every single male in my family and in-law family has served our country, including our sons currently serving.

That being said, you're wrong on this thread. Your common sense does not translate to family law. Family law is a weird animal.

It would be best for everyone if you did not provide inaccurate info -- I mean, you wouldn't want it to happen to you when you were in trouble, would you? No, you would not. So be accurate, please.

 

[Silverplum]

So you assume that the OPs son will file for a NO FAULT divorce????? Wow, you like to take the easy way out.

Again, hon, with the wrong answer.

Go look up how many states now use "fault" divorces. See if OP's state is one. The odds are extremely poor that anyone would go for a fault divorce any more -- for one thing, they're too expensive.