What to do if my girlfriend who has been legally separated from her husband for about 1 1/2 years is prenant with my baby?

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What to do if my girlfriend who has been legally separated from her husband for about 1 1/2 years is prenant with my baby?

Is there a form for the husband o deny paternity? Will I be able to fill out the paternity form since she is still married and, according to her lawyer, she can’t get divorced until the baby arrives?

Asked on September 30, 2012 under Family Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She can probably start divorce proceedings, but her attorney is correct in saying that the divorce cannot be finalized until the child is born.  The reason for this is so that if paternity is contested, it can be resolved by DNA testing.  If the pregnancy has complications and the child does not survive, then any orders would be moot.  If the child did arrive safely, DNA testing could not be concluded until after the child arrived. 

A paternity suit can be combined with the divorce.  Husband will be the presumed father because the child was conceived during the marriage.  However, if everyone agrees that he is not dad, then the court can make that finding in the final orders... and then have you declared dad.  You can file an affidavit as part of this paternity action acknowledging that you are dad and you are not seeking DNA testing to confirm the same.  Before the divorce is finalized, you can be listed as dad on the birth certificate even without the court's permission.... mainly because you are dad.


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