What happens when the biological father is not your legal husband?

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What happens when the biological father is not your legal husband?

I have a child with my boyfriend and we have a baby on the way. My ex, whom I’m still legally married too, and I still haven’t signed the divorce papers. Who can I put down as the legal father?

Asked on May 5, 2011 under Family Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In most states, the husband is presumed to be the legal father unless otherwise shown. So, you obviously have filed for divorce, so the court is not going to assume your soon to be ex husband is your child's father. Further, you will seriously create a legal havoc and problems for you and your child if you name your ex husband to be as the legal father when you know the child's father is your boyfriend. So on the birth certificate, you put down the name of the person you know fathered the child. To do otherwise will likely create a scenario wherein you will be required to present your child for a paternity test and lengthen the time it would take to finalize the divorce. The legal father, therefore, is your boyfriend and he can be placed on the birth certificate without issue concerning your existing marriage. The two are mutually exclusive acts.


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