NY Divorce

[diamonds1014]

New York (only U.S. law)?

Hi,

If a woman is pregnant by another man (not her husband) will the child end up with the husbands last name even though he is not the father? An uncontested divorce is in the process and no party is asking for any assests or anything neither do the husband and wife have any children of their own.

Is there anything that can be done to prevent the child from having the husbands last name since it is not his child? We reside in New York.

Our divorce is on the grounds of abandonment. The husband abandoned his wife.

All information is appreciated.

Thank you,

Diamonds1014

 

[nextwife]

Legally, a child of the marriage IS his child until paternity is legally disestablished.

Mom's pregnant by another man and she's saying HE abandoned the marriage? It's kinda hard to get pregnant by a non spouse without abandoning one's marital vows. Adultery is also grounds.

 

[LdiJ]

New York (only U.S. law)?

Hi,

If a woman is pregnant by another man (not her husband) will the child end up with the husbands last name even though he is not the father? An uncontested divorce is in the process and no party is asking for any assests or anything neither do the husband and wife have any children of their own.

Is there anything that can be done to prevent the child from having the husbands last name since it is not his child? We reside in New York.

Our divorce is on the grounds of abandonment. The husband abandoned his wife.

All information is appreciated.

Thank you,

Diamonds1014

A child born during a marriage is legally the child of the husband until paternity is disestablished.

However, that doesn't necessarily mean that the child has to be given the husband's last name or that the husband will automatically end up on the birth certificate.

If the divorce case is active the disestablishment of the husband's paternity can and should be part of the divorce process...sooner rather than later. The husband should be very cooperate about that as well. He isn't going to want to have the child established as his child either. The actual father of the child should also be proactive about establishing HIS paternity.

 

[mistoffolees]

If the divorce case is active the disestablishment of the husband's paternity can and should be part of the divorce process...

Not going to happen. While she's pregnant, the divorce isn't going forward.

He should disestablish paternity as soon as the child is born - not months later during the divorce.

 

[LdiJ]

Not going to happen. While she's pregnant, the divorce isn't going forward.

He should disestablish paternity as soon as the child is born - not months later during the divorce.

In your state, and in my state, and in many other states the divorce isn't going to happen while she is pregnant. However that is not true of all states.

Also, even in your state and my state and most of the other states the divorce can be active while the wife is pregnant, but cannot be finalized until after the child is born and paternity is disestablished.