nuggetsdad
Junior Member
What is the name of your state (only U.S. law)? Ohio
So I have a situation where I am currently dating a woman who is technically still married. She is starting the proccess of the divorce/dissolution paperwork (she told him previously but due to medical issues and a hope for an amicable split they held off on the official papers). Where the line has now become blurry and where our questions lie, is in the fact that she is now pregnant. There is no question that it is mine and not her husband's. We have been to talk to a few lawyers just to try to get a feel about things like spousal support, housing, etc. We are aware that in Ohio the seperation can not occur until after the child's birth and establishment of paternity. Here is however where our questions come into play...One lawyer (who I think we will end up going with) told us that 1.)there is an affadavit that we would both sign at the hospital which would put my name on the birth certificate and would in essence establish that I am the biological father and 2.) In the final seperation agreement I have to take part and (in so may words) sign off on the papers that I am accepting the paternity, thus making myself a third party and ultimately costing extra in the fees.
Another lawyer told us that there was no such thing as a third party in a dissolution/divorce and that we had been misled. He also said that the affadavit will make no difference and that a paternity test was needed for the courts to accept that the husband was not the father.
I was hoping that someone could give me a third opinion on who is right here. Is the affadavit an option (and can we do it early to speed things up on the diss/div)? and is there presidence for the "third party"?What is the name of your state (only U.S. law)?
So I have a situation where I am currently dating a woman who is technically still married. She is starting the proccess of the divorce/dissolution paperwork (she told him previously but due to medical issues and a hope for an amicable split they held off on the official papers). Where the line has now become blurry and where our questions lie, is in the fact that she is now pregnant. There is no question that it is mine and not her husband's. We have been to talk to a few lawyers just to try to get a feel about things like spousal support, housing, etc. We are aware that in Ohio the seperation can not occur until after the child's birth and establishment of paternity. Here is however where our questions come into play...One lawyer (who I think we will end up going with) told us that 1.)there is an affadavit that we would both sign at the hospital which would put my name on the birth certificate and would in essence establish that I am the biological father and 2.) In the final seperation agreement I have to take part and (in so may words) sign off on the papers that I am accepting the paternity, thus making myself a third party and ultimately costing extra in the fees.
Another lawyer told us that there was no such thing as a third party in a dissolution/divorce and that we had been misled. He also said that the affadavit will make no difference and that a paternity test was needed for the courts to accept that the husband was not the father.
I was hoping that someone could give me a third opinion on who is right here. Is the affadavit an option (and can we do it early to speed things up on the diss/div)? and is there presidence for the "third party"?What is the name of your state (only U.S. law)?