question about having a new baby

[redneckwannabe7]

What is the name of your state? Calilfornia

The problem is that my girlfriend and I are expecting a new baby... I have just finished my divorce. She has yet to start hers and she not LEGALLY separated from her ex. But has been physically separated for over a year. She has 3 previous kids, but only one has his last name. The other two as it states on the birth records says Father unknown. Well the question is does he have any rights to the two kids already born and any rights to the unborn child? He has said he wont divorce her unless he gets 50 % phyisical custody of all children including the unborn.

 

[Shay-Pari'e]

What is the name of your state? Calilfornia

The problem is that my girlfriend and I are expecting a new baby... I have just finished my divorce. She has yet to start hers and she not LEGALLY separated from her ex. But has been physically separated for over a year. She has 3 previous kids, but only one has his last name. The other two as it states on the birth records says Father unknown. Well the question is does he have any rights to the two kids already born and any rights to the unborn child? He has said he wont divorce her unless he gets 50 % phyisical custody of all children including the unborn.

Well, I can see why you want to be a redneck!

 

[eme76]

read this http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7540-7541

it might help

 

[BelizeBreeze]

if the previous two children were born OF THE MARRIAGE, then yes, he is their legal father and has all the same rights as does she.

And the newborn is his also.

 

[redneckwannabe7]

if the previous two children were born OF THE MARRIAGE, then yes, he is their legal father and has all the same rights as does she.

And the newborn is his also.

They were not married when she had the other children. They married afterwords.

 

[BelizeBreeze]

They were not married when she had the other children. They married afterwords.

Doesn't really matter. What matters is the timeframe and what the court says. So, were they living together, or are these children from another man or two other men?

 

[BelizeBreeze]

and I also suggest you read
California Family Code
Division 12, PART 2, CHAPTER 2. ESTABLISHING PARENT AND CHILD RELATIONSHIP §7611: section (D)


(apologies to IAAL)

 

[AmarieNorton]

He has said he wont divorce her unless he gets 50 % phyisical custody of all children including the unborn.

She needs to file anyway. I don't think he has a choice in the matter as far as the divorce is concerned. If she wants a divorce she can have one. If they're married when the newborn comes along I believe that he will automatically be the legal father (which is why she needs to file asap).