New relationships during divorce in CA.

[A4AS]

What is the name of your state (only U.S. law)? I live in California and have filed for a dissolution of my marriage I recently found out I'm pregnant with my new boyfriends baby, how will this affect my divorce and child custody case for my children I already have with my ex?

 

[Silverplum]

What is the name of your state (only U.S. law)? I live in California and have filed for a dissolution of my marriage I recently found out I'm pregnant with my new boyfriends baby, how will this affect my divorce and child custody case for my children I already have with my ex?

It's not a good thing.

 

[CourtClerk]

Well, since you'll probably give birth within 300 days of your divorce, the baby you're carrying is legally your husband's child. How's that for a start?

Your husband is going to be pleased with that, I'm sure. You will be too if he decides to be a pain in your behind and sue you for custody and is then awarded visitation for a child that isn't even his (just to stick it to you and your boyfriend).

Now, I could keep going on and on about all the bad things that just happened because you couldn't close one door before opening another, but something tells me by the time you finish reading this, you've read enough. For now.

(go see an attorney)

 

[mistoffolees]

Well, since you'll probably give birth within 300 days of your divorce, the baby you're carrying is legally your husband's child. How's that for a start?

Your husband is going to be pleased with that, I'm sure. You will be too if he decides to be a pain in your behind and sue you for custody and is then awarded visitation for a child that isn't even his (just to stick it to you and your boyfriend).

Now, I could keep going on and on about all the bad things that just happened because you couldn't close one door before opening another, but something tells me by the time you finish reading this, you've read enough. For now.

(go see an attorney)

Gee, you didn't even get into the part for her to be forced to reimburse your stbx for dissipation of marital assets - with interest.

 

[CourtClerk]

Gee, you didn't even get into the part for her to be forced to reimburse your stbx for dissipation of marital assets - with interest.

She's pregnant. Delicate even. You gotta give people bad news in small portions.

I'm all sympathetic like that

 

[Proserpina]

She's pregnant. Delicate even. You gotta give people bad news in small portions.

I'm all sympathetic like that

You are the most sympathetic person I've ever known in my entire life, CC.

Totally.

 

[tranquility]

California is a community property and not a marital property state. The economic community is broken (Please don't provide Family Code 760 or 761 without looking at case law.) when the parties evidenced an intent to permanently split up. There is not going to be a dissipation of marital assets (Or, more correctly, community property.) issue here.

And, as long as we're here, the husband is NOT "legally" the father. (If child born within 300 days.) He is presumed to be the natural father. Big difference. I wonder if the OP can get around that presumption. I don't know, testimony of the parties or DNA tests or something.

 

[CourtClerk]

Come on Tranq, unless she can rebut the presumption prior to birth, guess who the legal father of the child is?

 

[Zigner]

I apologize - this post was in error.

 

[tranquility]

Darnsies Zigner, that was going to be easy.

"Prior to birth"? I missed that part in the code. While there are SOL issues depending on the context, the clock is not ticking yet.

 

[Zigner]

And, as long as we're here, the husband is NOT "legally" the father. (If child born within 300 days.) He is presumed to be the natural father. Big difference. I wonder if the OP can get around that presumption. I don't know, testimony of the parties or DNA tests or something.

Tranq - you claim that the difference between "natural father" and "legal father" is a big one. Please elaborate...

 

[tranquility]

I make no such claim. Others used the term "legally" in relation to father, while I used the term in the code. I believe they can be used interchangeably in this discussion. My issue had to do with the difference between being something and being presumed to be something.

(I would not have used natural if it were not in the code. To me it seems a natural father has some genes in the pool even though that is not how the statutes are worded.)

 

[Just Blue]

You are the most sympathetic person I've ever known in my entire life, CC.

Totally.

Please. My eyes crossed whan I read this. We all KNOW I am the most sympathetic person.

 

[Zigner]

I make no such claim. Others used the term "legally" in relation to father, while I used the term in the code. I believe they can be used interchangeably in this discussion. My issue had to do with the difference between being something and being presumed to be something.

(I would not have used natural if it were not in the code. To me it seems a natural father has some genes in the pool even though that is not how the statutes are worded.)

Then I misunderstood the intent of your prior post.

It appears that you are saying that a man who meets the qualifications outlined is NOT the "natural" father in they eyes of the law. Rather, that he is simply "presumed" to be the "natural" father.

Of course, that is a non-issue. As was pointed out, until a challenge comes along, being "presumed" to be the natural father means you ARE the natural father.

 

[Ohiogal]

What is the name of your state (only U.S. law)? I live in California and have filed for a dissolution of my marriage I recently found out I'm pregnant with my new boyfriends baby, how will this affect my divorce and child custody case for my children I already have with my ex?

Congrats to your husband on his new child. YOur divorce will be delayed. And, you may find that if you were asking for spousal support that will not happen. Oh and adultery is never kosher.