divorce but pregnant - who is the legal father?

[sebastian 1504]

What is the name of your state (only U.S. law)? WA

Hi,

the divorce of my girlfriend (Non-US-Citizen) with her actual husband will be finalized in one month. My girlfriend is also pregnant (in the beginning) and I am the biological father.

Now I have heard that there is this so-called 302-days-rule that children who are born within 302 days after a divorce are legally the children of the divorced husband.

Is this a correct information?

Why 302 days when a pregnancy only lasts 266 days?

What can I do that I will also be legally the father of my child?

I would be glad about suggestions.

seb

 

[mistoffolees]

What is the name of your state (only U.S. law)? WA

Hi,

the divorce of my girlfriend (Non-US-Citizen) with her actual husband will be finalized in one month. My girlfriend is also pregnant (in the beginning) and I am the biological father.

Now I have heard that there is this so-called 302-days-rule that children who are born within 302 days after a divorce are legally the children of the divorced husband.

Is this a correct information?

Why 302 days when a pregnancy only lasts 266 days?

What can I do that I will also be legally the father of my child?

I would be glad about suggestions.

seb

You are correct. Her current husband will be the legal father. 302 days is to allow for some error - and some pregnancies being longer than others.

You will need to go to court to establish paternity. They will ask you to take a DNA test. If you, the mother, and the legal father agree, it doesn't have to be an expensive, contentious process.

 

[JETX]

Is this a correct information?

Almost. Here is the ACTUAL statute:
RCW 26.26.116
Presumption of paternity in context of marriage.
(1) A man is presumed to be the father of a child if:
(a) He and the mother of the child are married to each other and the child is born during the marriage;
(b) He and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity;
(c) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is, or could be, declared invalid and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity; or
(d) After the birth of the child, he and the mother of the child have married each other in apparent compliance with law, whether or not the marriage is, or could be declared invalid, and he voluntarily asserted his paternity of the child, and:
(i) The assertion is in a record filed with the state registrar of vital statistics;
(ii) Agreed to be and is named as the child's father on the child's birth certificate; or
(iii) Promised in a record to support the child as his own.

(2) A presumption of paternity established under this section may be rebutted only by an adjudication under RCW 26.26.500 through 26.26.630.

Why 302 days when a pregnancy only lasts 266 days?

Because the 'normal' gestation period is not always 'normal'.... and that is the law.

What can I do that I will also be legally the father of my child?

You will have to get an attorney and pursue your claim in court as provided in the above statute.
(2) A presumption of paternity established under this section may be rebutted only by an adjudication under RCW 26.26.500 through 26.26.630.

The sections you need can be found at:
Chapter 26.26 RCW: Uniform parentage act

 

[Ohiogal]

How does she think her divorce is going to be final when she is pregnant? Let me guess, she committed fraud when she didn't inform the court of the pregnancy. Correct?