paternity questions

[mybrood]

What is the name of your state (only U.S. law)? Illinois
I have a couple questions regarding somethings I heard today. These are actually instances.

First, a woman is married but her husband has been in prison for the past 5 years. She has attempted to get a divorce 3 times but he refuses to sign the papers so she always gives up. She is now pregnant by her boyfriend. Can she put her boyfriend's name of the birth certificate or does it have to be her husband's name?

Secondly, a woman is married for 3 years. She and her husband have a 2 year old child. A man that the woman dated 4 years before is saying that the 2 year old is his child. The child is most assuredly the husband's child and this other man is simply trying to cause trouble. Can this man go through the court system for a paternity test?

 

[ecmst12]

Who are you in these situations?

 

[mybrood]

The first one is my cousin. She has been in and out of trouble most of her life. She was a drug addict for 10 years and has been clean for about a year. She and her husband have been married about 5 years and he's been in prison most of that. She has been in a lot of trouble in the past and I don't know that she has completely straightened her life out but I know she is no longer using drugs.

The second is friend of mine. She recieved a phone call at 1:30 this morning from the ex who she hasn't seen or spoken to in 4 years. Someone at a bar told her that her 2 year old looks just like him so he says it must be his kid. He said he has the right to see if the child is his and won't take her word for it. I told her not to get to upset about it. I told her about this site but her internet is down so I said I would ask for her.

 

[CourtClerk]

Both of them need to ask their own legal questions....

 

[Proserpina]

What is the name of your state (only U.S. law)? Illinois
I have a couple questions regarding somethings I heard today. These are actually instances.

First, a woman is married but her husband has been in prison for the past 5 years. She has attempted to get a divorce 3 times but he refuses to sign the papers so she always gives up. She is now pregnant by her boyfriend. Can she put her boyfriend's name of the birth certificate or does it have to be her husband's name?

What happened when she called to ask the hospital what their requirements were?

Secondly, a woman is married for 3 years. She and her husband have a 2 year old child. A man that the woman dated 4 years before is saying that the 2 year old is his child. The child is most assuredly the husband's child and this other man is simply trying to cause trouble. Can this man go through the court system for a paternity test?

When she's served with a paternity suit, that would be the time to come back and ask questions.

 

[ecmst12]

The first woman's husband is the legal father. Her boyfriend will have to file in court after the birth to have a DNA test done and have himself established as the legal father.

The second guy can TRY to file in court to force a DNA test. It would cost him a lot of money and there's no guarantee that a judge would order one. But since he's not the father, that's as far as it would go - the DNA test would come back that he's not the father, end of story. Seems unlikely that he'd go to all that trouble and spend all that money when he knows darn well when the last time he slept with mom was.

 

[mistoffolees]

The first woman's husband is the legal father. Her boyfriend will have to file in court after the birth to have a DNA test done and have himself established as the legal father.

I will add that the story is apparently missing something. If someone wants a divorce, they can certainly get one in 5 years - whether the other person is willing to sign the papers or not.

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois
I have a couple questions regarding somethings I heard today. These are actually instances.

First, a woman is married but her husband has been in prison for the past 5 years. She has attempted to get a divorce 3 times but he refuses to sign the papers so she always gives up. She is now pregnant by her boyfriend. Can she put her boyfriend's name of the birth certificate or does it have to be her husband's name?

She can put no name at all on the BC, but her husband will still be the legal father unless the boyfriend takes it to court to legally establish paternity.
She also doesn't need her husband's signature to get a divorce. Therefore she shouldn't be giving up.

Secondly, a woman is married for 3 years. She and her husband have a 2 year old child. A man that the woman dated 4 years before is saying that the 2 year old is his child. The child is most assuredly the husband's child and this other man is simply trying to cause trouble. Can this man go through the court system for a paternity test?

He can file to establish paternity, but she might be able to get the case dismissed if she can prove with dates etc., that she could not have been pregnant by him.