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  #1  
Old 03-25-2006, 12:18 AM
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Paternity


What is the name of your state? Missouri

My son and his wife have been separated for almost a year now. She is pregnant by another man. The other man is willing to take the responsibility of the baby. Does my son have to have a paternity test before he can get a divorce? Someone told him if the other man signs a notarized paper stating he is the father and my son signs that he is not that he wouldn't need a paternity test.
  #2  
Old 03-25-2006, 07:31 AM
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Quote:
Originally Posted by Marian
What is the name of your state? Missouri

My son and his wife have been separated for almost a year now. She is pregnant by another man. The other man is willing to take the responsibility of the baby. Does my son have to have a paternity test before he can get a divorce? Someone told him if the other man signs a notarized paper stating he is the father and my son signs that he is not that he wouldn't need a paternity test.
Your son needs to get a court ordered paternity test performed ASAP. The longer he waits the worse it will be for him. You never know what the court will decide and he may be risking getting ordered to pay for a kid that isn't his.
  #3  
Old 03-25-2006, 08:05 AM
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Quote:
Originally Posted by shellandty
I think your son can get divorced whenever he wants.

Paternity of the child is a completely separate issue.
Many states will NOT grant a divorce if the wife is pregnant - regardless of paternity. Then once the child is born, paternity is established and the divorce can proceed.
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  #4  
Old 03-25-2006, 08:08 AM
shell007
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Quote:
Originally Posted by stealth2
Many states will NOT grant a divorce if the wife is pregnant - regardless of paternity. Then once the child is born, paternity is established and the divorce can proceed.
Thanks Stealth!

OP: my opologies for the wrong information. I will delete my previous post as to not cause confusion.
  #5  
Old 03-25-2006, 06:52 PM
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Location: Ohio
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Quote:
Originally Posted by Bali Hai
Your son needs to get a court ordered paternity test performed ASAP. The longer he waits the worse it will be for him. You never know what the court will decide and he may be risking getting ordered to pay for a kid that isn't his.
To clarify -- the paternity test probably needs to wait until the baby is born but then ASAP after the baby is born. It might be able to be done in utero (I AM NOT UP TO DATE ON MEDICAL ADVANCES) but definitely ASAP after the baby is born.
Babies conceived during a marriage are considered a child of the married couple unless proven otherwise.
  #6  
Old 03-25-2006, 07:31 PM
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Quote:
Originally Posted by Ohiogal
To clarify -- the paternity test probably needs to wait until the baby is born but then ASAP after the baby is born. It might be able to be done in utero (I AM NOT UP TO DATE ON MEDICAL ADVANCES) but definitely ASAP after the baby is born.
Babies conceived during a marriage are considered a child of the married couple unless proven otherwise.
In utero tests are dangerous to the baby. No reputable doctor will agree to perform them unless there is another, urgent, medical need for amnio.
  #7  
Old 03-25-2006, 07:57 PM
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Quote:
Originally Posted by LdiJ
In utero tests are dangerous to the baby. No reputable doctor will agree to perform them unless there is another, urgent, medical need for amnio.
Please don't misunderstand me -- I was NOT under any circumstances suggesting they try to get one now.
  #8  
Old 03-25-2006, 08:00 PM
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Quote:
Originally Posted by Marian
What is the name of your state? Missouri

My son and his wife have been separated for almost a year now. She is pregnant by another man. The other man is willing to take the responsibility of the baby. Does my son have to have a paternity test before he can get a divorce? Someone told him if the other man signs a notarized paper stating he is the father and my son signs that he is not that he wouldn't need a paternity test.
Tell your son to go ahead and file petitioning the court for a paternity test.

As soon as the bundle drops things will proceed.
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