If Iam married and pregnant and my husband is not the father but he is still trying to fight me for custody, what are my options?

He is in the military and when he got married I knew I was pregnant but hadn’t been to the doctor to know how far along. After going to the doctor, the conception time does not match with my husband. I do want a divorce but I do not want him on the birth certificate at all. A process server dropped off paper work for our divorce in it he says he wants full custody of the child if it’s his. I have 20 days to respond to the paperwork. What are my options and should I respondand if so what do I respond? Do I need to peak to a family law attorney? I’m in Dallas County, TX.

Asked on July 13, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you need to seek help from a Matrimonial and Family Law attorney in your area as soon as possible.  You definitely want to file an answer to the divorce so that you are not in "default."  Generally, a child born to a married couple is assumed to be the offspring of both of them.  The he would be placed on the birth certificate.  You would need to have a paternity test done when the child is born to confirm what you think you already know.  If his name is on the birth certificate  it can be removed once paternity is established (or unestablished in this case).  There may be a mechanism for delaying the filing of the birth certificate given the pending proceeding and the issues involved.  Also talk about the custody issue with the attorney should the child turn out to be his after all. Good luck.


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