What is the name of your state? California
Hello. I'm not sure if this is the best subforum in the family law section to post this in, so excuse me if it's not.
I'll try to provide all of the details as concisely as possible, but let me know if any additional info is needed. I'll also preface this by saying that I am meeting with a lawyer at the end of this week, but in the meantime this is really killing me trying to find answers to.
I'm currently married. I had an affair with another man. I'm not about 10 weeks pregnant and expecting twins. Based on the current due date/conception date, I'm 99.9% positive that the father is the other man, not my husband. Recently I've started to become concerned because several people have told me to not be surprised if when I go back in for my second ultrasound at 12 weeks, the due date may get adjusted. I was assuming that the first ultrasound I had, which put me at 7 weeks, would be correct maybe within a few days of the actual date. If the dates do get adjusted by a week or more, it couldmean that my husband is potentially the father (small chance, but definitely a much bigger chance than I believethere currently is).
I've told my husband aboutthe affair and pregnancy. He filed for divorce last week. I have never divorced before. I've been trying to research as much as I can. I understand that there's a 6 month waiting period in our state, and regardless of that we also can't finalize the divorce until after the babies are born. Am I correct in understanding that since my husband and I will still legally be married at the time of the birth he will automatically be considered the legal father? Does his name have to be added to the birth certificate or can he refuse? (Note, in no way am I trying to force my husband to take any sort of responsibility for babies that aren't his.)
Obviously a paternity test will have to be performed after birth. There is a non-invasive paternity test that could be done now, but apparently it cannot be done for twins/multiples. So once they are born and a test is performed, what will happen if it shows that my husband is not the biological father? At this time, the other man wants to be involved and wants to be their father, so it isn't a matter of him trying to get out of the situation. If he is proven to be the biological father, how do I get him listed as their legal father instead? And because there are still several months to go and he could change his mind about willingness to be involved, what would happen if my husband is listed as the legal father by default, proven to not biologically be their father, and then the other man decides he wants to try to avoid the situation and refuses to accept paternity? Can I legally force him to take a paternity test?
Any help or guidance is appreciated.
Hello. I'm not sure if this is the best subforum in the family law section to post this in, so excuse me if it's not.
I'll try to provide all of the details as concisely as possible, but let me know if any additional info is needed. I'll also preface this by saying that I am meeting with a lawyer at the end of this week, but in the meantime this is really killing me trying to find answers to.
I'm currently married. I had an affair with another man. I'm not about 10 weeks pregnant and expecting twins. Based on the current due date/conception date, I'm 99.9% positive that the father is the other man, not my husband. Recently I've started to become concerned because several people have told me to not be surprised if when I go back in for my second ultrasound at 12 weeks, the due date may get adjusted. I was assuming that the first ultrasound I had, which put me at 7 weeks, would be correct maybe within a few days of the actual date. If the dates do get adjusted by a week or more, it couldmean that my husband is potentially the father (small chance, but definitely a much bigger chance than I believethere currently is).
I've told my husband aboutthe affair and pregnancy. He filed for divorce last week. I have never divorced before. I've been trying to research as much as I can. I understand that there's a 6 month waiting period in our state, and regardless of that we also can't finalize the divorce until after the babies are born. Am I correct in understanding that since my husband and I will still legally be married at the time of the birth he will automatically be considered the legal father? Does his name have to be added to the birth certificate or can he refuse? (Note, in no way am I trying to force my husband to take any sort of responsibility for babies that aren't his.)
Obviously a paternity test will have to be performed after birth. There is a non-invasive paternity test that could be done now, but apparently it cannot be done for twins/multiples. So once they are born and a test is performed, what will happen if it shows that my husband is not the biological father? At this time, the other man wants to be involved and wants to be their father, so it isn't a matter of him trying to get out of the situation. If he is proven to be the biological father, how do I get him listed as their legal father instead? And because there are still several months to go and he could change his mind about willingness to be involved, what would happen if my husband is listed as the legal father by default, proven to not biologically be their father, and then the other man decides he wants to try to avoid the situation and refuses to accept paternity? Can I legally force him to take a paternity test?
Any help or guidance is appreciated.
