He knows it is his child. In some cases, the law may also determine that a child has more than 2 legal parents. Wife Gets Pregnant With Another Man's Baby While on a 'Break' & Wants Husband To Help Raise It. Marriages are eternally complicated things and they vary from couple to couple. Some call the action a Complaint for Legitimization. Search For Something! I live in CA. My wife got pregnant by another man after I filed for divorce. Each relationship handles rough patches differently, and for one couple on Reddit, taking a "break" from their marriage felt like the right step. I'm currently married but separated. If you are the child’s biological father, you can acknowledge the child. But for unmarried parents, parentage of their children needs to be established legally. 2 Paternity has been distinguished from legitimacy so that the rights and duties of fatherhood can sometimes be shared, or transferred from one man to another, without disturbing the child’s legitimate status. By . It has been reported that the bride had an affair with the husband of her pregnant sister. Adultery Charges. Jedutun Posts: 1 , Reputation: 1. I am separated from my husband. I've been separated from my husband for about 2 years but we've never gotten a divorce. Call (704) 370-2828 - Arnold & Smith is dedicated to serving our clients with a range of legal services including Family Law and Divorce cases. right away even if I am still legally married and my husband knows he's not the father and the baby's father des not deny that the baby is his? It will take a court order to change that. “I feel like I was a throw-away child. By 1irish1 in forum Paternity Law Replies: 1 Last Post: 01-14-2008, 07:50 PM. How do I protect myself and my family financially if genetic testing proves I am the child’s father? If the child is born to a woman who is married to someone other than the man in question, he may be entitled to even less. My husband is willing to raise the child as his own. However, I am getting married to another man. When spousal support is applied for, there are many circumstances that are taken into consideration by the court and judge deciding the case. California's legislature believes that the duty of support is so critical that it created a law that requires spouses to provide financial support for each other. Answered . In California, if two parents are married when a child is born, the law assumes that the husband is the father and the wife is the mother. If you are married and wind up pregnant at any time prior to the divorce being finalized, the court or judge is going to “stay” (hold open) the court proceedings and not allow the divorce to go through until after the baby is born. I just found out that I am 4 weeks pregnant with someone Else's baby. Asked on May 7, 2012 under Family Law, Maryland . If you are married to someone other than the father of your child and you want the biological father’s name on your child’s birth certificate, you need two forms: an Affidavit of Non-paternity and a Voluntary Acknowledgment of Parentage form. Question: I am in love with a man and am pregnant with his child. Another former child bride, Dawn Tyree, was pregnant by a family friend whom she was forced to marry at age 13. Istock. The party who is alleging that the husband is not the father of the child, has the burden of proving that in court by clear and convincing evidence. If my wife is pregnant with another man’s baby during our divorce, am I responsible for the child? When a woman is married, her husband is automatically presumed to be the father of any child born. - Charlotte Family Law Lawyer When Mr. Doe, who had married Ms. Doe based on her paternity claim, began a lawsuit against a hospital for switching his child at birth, Ms. Doe claimed to having been pregnant with another man's baby. As of January 1, 2005, the law assumes registered domestic partners are the parents when a child is born. In these cases, the legal institute of marriage establishes paternity. The law will presume that your husband is the father. I'm pregnant after an extramarital affair and I know my husband is not the biological father. Law Enforcement; Get App. Answers: L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney . If you need help comprehending, enforcing, and preserving these rights, it's a good idea to talk to an experienced family law attorney in California today. My wife and I were legally married all of 2017 with not legal separation. I am legally married but lived separately for 4 months. Get the App. States treat the characterization of a married couples' property differently. DNA test has me as not being the father. If you are a man who is married to or in a registered partnership with another man, you will need a court decision before you can get joint responsibility for a child. In California, legal matters seem to make their way into the headlines for one reason or another—whether it is yet another celebrity divorce, a prominent figure who has avoided paying their taxes, or a group of wealthy individuals who have paid bribes to get their children into certain colleges—but we just don’t hear about all of the strange laws as much as we (unfortunately) hear … I am married but pregnant with another man's child. 2017. Uniform Acts have been developed for adoption by States including the Uniform Act on Paternity, 1960, Uniform Parentage Act, 1973 and the Uniform Putative and Unknown Fathers Act, 1988. She lived with me until October of 2017 and had the baby in August. I want the baby's real father to be on the birth certificate. Lauren Gordon. This is why your ex and his attorney want to wait until the birth of the child and genetic testing. ... i.e. Answered 1 year ago | Contributor . Can I claim child support from this man. The law considers what is in the best interest of the child. We've been separated a year, there's no way it's my child. At this point I don't know if the man will be in the picture or not. The law varies state by state, but in general you’ll need to go through a formal legal process to change the child’s birth certificate. "Depending on what category you fall into, you may have different rights and responsibilities regarding the child and may need to follow certain procedures to establish paternity. Laws: State laws vary about the procedures and rules for establishing paternity. I am dating both but managed to keep it … We are not leagaly separated. Although the law treats you differently than a married couple, California still provides protection for the parental rights of unmarried parents. Under Georgia law, if a child is born to a woman who is married, the law presumes that the father of the child is the husband. The law presumes that a husband is the "legal" father of a child born to his wife during the marriage. your biological children, and the laws in Michigan make that conclusion binding in all subsequent litigation. Marital rape in United States law, also known as spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse.It is a form of partner rape, of domestic violence, and of sexual abuse.Today, marital rape is illegal in all 50 US states, though the details of the offence vary by state.. Nebraska was the first state to outlaw marital rape, in 1975.