Desperate Need of Legal Advice for my fiance.?

This may sound like a story line right out of Jerry Springer. However, take me seriously, for it is real life, my life. My fiance and I have a two year old son and are expecting one on the way, I am four months along. During the summer of '07, he cheated on me. I took him back and do not regret the decision.





The girl he was intimate with a few times claimed she was on the Depo birth control shot. Turns out she's 6 months pregnant. She says the only way he can see the baby is by marrying her(she's illegall citizen and wants her papers) . I have encouraged my husband that IF the child turns out to be his after taking the paternity test, to pursue joint or seek visitation rights.





How does he go about pursuing a pat test, child support, and visit rights. She's in PA, we in Ny. Is there a way, if the baby is his, that he can see the infant, via visitation rights, even though different states? He doesn't want anything to do with her. However, the baby needs a father. HELP.Desperate Need of Legal Advice for my fiance.?
Wellll what a mess.





For starters, I take a dim view of blackmailers. That is precisely what she is doing..blackmailing him.





He has options as long as he has a backbone. He can report her illegal status and do his damndest to get her deported before the child is born. He can also wait till after the child is born, demand DNA tests and then report her illegal status. Baby stays in the U.S. because it will be a U.S. citizen and he can take custody of it. He needs to call ICE asap.





He can't persue anything till parentage is established. If she tries to file for welfare, then welfare can demand the paternity tests. She cannot just blatantly deny him visitation. Although it most likely will take an attorney to force her to comply with visitation through a court order. If he goes that route, he could just petition for full custody. However, YOU have to be willing to also take care of that child. Is he 100% positive this baby is his? Many a man has been conned into false fatherhood. So be careful on that part.





In case you are unaware of this....it is illegal to marry someone just to gain citizenship or permenent residency status.





Check with your local laws about recording her phone conversations. Your finace may record her conversations as long as there isno one else involved in the conversations. If she aaaadmits to her scheme...play it back for her, then advise her the recording will be turned over to the authorities. Not only for the blackmail attempts, but also trying to coerse him into a criminal activity...ie: illegal marriage.





I would not dally on this issue. He needs to take a proactive position to back off her blatant attempts of further criminal behavior. Of which he does NOT NEED to be a party to.





Good luck on this....:)Desperate Need of Legal Advice for my fiance.?
If she's an illegal immigrant, it's only a matter of time before she's booted out.





It's going to get REALLY complicated then, because the child will be an American citizen and the mother won't be.





You need to see a lawyer on this - I wouldn't trust any of the advice you'd get here.
One part of this makes no sense: The ONLY way he'd be able to see the baby is if he marries her because she is an illegal alien? Ironically, that's probably the only way she can become legal at this stage, so I find that interesting.





If he marries her, I assume a visa for residency would be pursued. If that happens, not only will it take a while (maybe three years) but it would be costly.





You are in a tough position. But the idea that he needs to marry in order to see the child is crap. You know what it sounds like to me... the girl is wanting that so, ultimately, she can become legal. She is using the baby and visitation as leverage.





It's too hard for me to answer this because there are so many variables, variables that only you could know. But I say it might come down to this: If he is willing to marry her so he can see the baby, even though he will have two with you, you have a problem.
It's going to have to be handled through the courts. He can sue for whatever sort of custody he wants. If she then claims the baby is not his can request, through the courts, a paternity test. Since she's in the country illegally, she may very well disappear if things are not going her way.
Eric h is correct. Seek legal advice. Your situation is complicated.