just a question

[lildevil719]

Not sure if I'm putting this in the right forum or not, but here goes...my husband and I got separated. After the separation, I became pregnant by someone else...Someone told me that if the divorce is not finalized by the time the baby is born, it will be legally considered my husband's child. This doesn't make any sense to me, since we weren't living in the same state even, when I got pregnant...is this true? if so, is there any thing I can do to remedy it? The divorce will not be final by the time the baby is born, and I don't want my baby to be considered his...

Thanx,
Melissa

 

[MySonsMom]

****WHEN POSTING, PLEASE INCLUDE YOUR STATE BECAUSE LAWS VARY FROM STATE TO STATE.****

 

[lildevil719]

sorry...forgot about that...I live in Colorado. He lives in California, but is military and a legal resident of Colorado as well

 

[LegalBeagle]

Not sure if I'm putting this in the right forum or not, but here goes...my husband and I got separated. After the separation, I became pregnant by someone else...Someone told me that if the divorce is not finalized by the time the baby is born, it will be legally considered my husband's child. This doesn't make any sense to me, since we weren't living in the same state even, when I got pregnant...is this true? if so, is there any thing I can do to remedy it? The divorce will not be final by the time the baby is born, and I don't want my baby to be considered his...

Thanx,
Melissa

You have the real father sign the b/c and also an affidavit of paternity.

 

[lildevil719]

Thanx, legalbeagle...This was something that really had me worried...

 

[glp9986]

Be very careful here. State law says that "any minor child born during a marriage is considered by the court the dependent child of the legally wed." Therefore, even though you may list another man on the birth certificate, the court will not see him as the father without due process. You will have to have a blood test to confirm the paternity, and you will also have to get him to sign papers acknowledging his paternity. It is the court's obligation not to *******ize a child, which they would be doing if they did not make him legally the child's father. Also, in your divorce papers, you will have to make sure that the child is listed as being born during the marriage, as it will be, but that your soon-to-be ex is not biologically,legally,financially or emotionally obligated to support said child. Without proof that this other man is the father, the court will not do this. Anybody's name can be on a birth certificate.

 

[lildevil719]

Thank you, Mr. Parrish. I'll definitely check into all of those things.

 

[lildevil719]

Mr Parrish...I was just curious if that is Colorado state law you were quoting? Thanx again for your help!
Melissa