Please Help! Looking for legal advice on paternity during a divorce!?

I separated from my husband in October of 2008. He immediately moved out of state. In April 2009, just as I began the divorce process, I got pregnant. It is now October, and I am still trying to get the divorce finalized. Even though it is a No Fault/No Contest Divorce it is taking too long and I am now afraid that I will still be married when the baby is born and they will legally name my supposed-to-be-ex-husband as the father... If we are legally divorced when the baby is born, can they still make me name him because I conceived while we were married? Does the fact that he and I have not even lived in the same state since last year change anything? I am overwhelmed by the legal distinctions here....Please Help! Looking for legal advice on paternity during a divorce!?
Laura, if you are divorced they cannot make your ex the father on the birth certificate--but they can if you are still married when the child is born. This is what I suggest and did for a client in a similar situation. Get a lawyer and make sure they will represent you and that you can do this in your state. File a petition that when the child is born the man you are divorcing is not named the father on the birth certificate. Better yet if the father agrees file a Petition to have him named the father on the child's birth certificate. The basis of the petition is that since you lived in an entirely different state than the man you are divorcing it is an impossibility that he was the father as he had no physical access to you to get you pregnant. File the Order at the Court House and get 2 true and attest copies (You will have one for the hospital and another for the Bureau of Vital Records.). You will tell them that they are ordered by court to either not put the man you are divorcing as father on the birth certificate or to put the man you want on the birth certificate. Also advise them in a letter written by your attorney that if they fail to do this they will be turned in for Contempt of a Court Order.





***This may not be allowed in your state so it is critical you talk to a lawyer where you reside.





****Everyone who says that the woman can name any father she wants on the birth certificate is WRONG. The law prevents this as if they could do this thousands of celebrities would be named as fathers just in the hope of child support. Assume you can prevent the guy you are divorcing from having his name as father on the birth certificate. Then you will either have to have a man come forward and agree that he is the father or prove paternity by blood test. Could you imagine how stupid it would be if anyone could just name anyone they want as the father on the birth certificate (Ba ha ha ha ha ha ha ha)





Btw, in PA (and I am pretty sure OH and NY too) the courts will let you divorce while you are pregnant. Also if you are married (and in the process of a divorce) in PA when you have a baby--unless you do as I suggested your husband is named as the father on the child's birth certificate. The courts will not allow people to make a bastard of their child and change the father on the birth certificate or even order a paternity blood test unless there is a very good reason (for example: the person you want named as the father AND the person named as the father on the birth certicate BOTH agree)Please Help! Looking for legal advice on paternity during a divorce!?
You should have remained true to your vows until the divorce is finalized.





';Getting Divorced'; and ';Divorced'; are NOT the same thing which means you CHEATED on your HUSBAND and got pregnant...





The child was conceived during a lawful marriage, whether or not the child being born while the marriage is still lawful will not change the legal paternity. In order to NOT have your HUSBAND named as the father of this child, you will BOTH need to contest to the paternity and have a test performed. The state will then want to prove the actual paternity for child support reasons. The CHILD is entitled to support and the state will not allow be happy if you should need government assitance now or in the future without knowing the responsible biological father.





I feel horrible for this child... Such a dysfunctional world he/she is coming into...
If your husband pushes the issue (unless the divorce is final) he can have his name put on the birth certificate, but if he doesn't you can put whatever name you wish on it. But most states will not grant a divorce while the wife is prego.
No matter what he is still the father of the child, and has rights unless you feel that you and your childs life is in danger. I would suggest you get your lawyer to see if he can speed up the process, but he will still be legally the father. Paternity will probably have to be determined for the courts.
Regardless of whether or not the divorce is final when the baby is born, they can't force you to name him, or anyone for that matter, as the father.
they cannot make you name the child by him, especially if the divorce is finalized by the time the baby is born. The child's name is the mothers choice.
You CAN NOT get a divorce while you are pregnant! YOU get to name the baby and do not have to have anyone sign the birth cert.
The birth certificate lists the fathers name, not the husbands name.
In Texas they courts will not usually divorce parents when the mother is pregnant, even if the baby is not the husbands.


The husband will have to sign a paper that he is not the father. and the father will haven't o sign an acknowledgment of paternity.





Example, my friend was married. had been separated for 3 yrs and living with another man. had a child by the other man, the father had to sign papers to acknowledge the child and the husband had to sign h e was not the father.


she was getting divorced at the time of the first pregnancy, and the case got dismissed for want of prosecution. her attorney let the case stop because he knew the courts were not going to divorce them. there is a section that says there are no children expected, and even with a no fault no contest divorce, someone still has to go in front of the judge and answer questions. one will be there are no children of the marriage and none are expected.





if you have an attorney he should be able to help you understand the way it works in your state. if you do not, i hope you know he (the husband) still has to be served with the papers, or sign and notarize a waiver of citation.