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  1. #1
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    Dec 2011
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    Default Girlfriend Pregnant, Not Divorced

    My question involves paternity law for the State of: California


    My girlfriend i am living with has currently been going through a divorce for a little over a year and is 6 months pregnant with my child. I hear people say that the state of CA will automatically grant her husband who she's divorcing the father of the child once my daughter is born. This disturbs me and I hope it is not accurate. Her soon to be ex is refusing to sign divorce paper work and is dragging this on far too long. He is a drug addict and is abusive. It will kill me if his name is on the birth certificate for my daughter. Can someone please help me out with this?

  2. #2
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    Default Re: Girlfriend Pregnant Not Divorced

    Unfortunately, her husband WILL be the presumed legal father unless denial of paternity forms (or the equivalent term) are signed.

    The divorce won't be finalized until after the birth.

  3. #3
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    Default Re: Girlfriend Pregnant Not Divorced

    Quote Quoting Dogmatique
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    Unfortunately, her husband WILL be the presumed legal father unless denial of paternity forms (or the equivalent term) are signed.

    The divorce won't be finalized until after the birth.


    And what if there is no knowledge of the pregnancy

  4. #4
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    Default Re: Girlfriend Pregnant Not Divorced

    ....what do you mean?

  5. #5

    Default Re: Girlfriend Pregnant Not Divorced

    It doesn't matter if the husband KNOWS she's pregnant or not. Unless she is LEGALLY divorced at the time of the birth, the husband WILL BE the legal father of the child, even if he's been on the moon for 10 years. This is one of the major legal powers of marriage, and for you, one of the major downsides of NOT being married to someone you make children with. And, now that she's pregnant, the divorce cannot be finalized until the child is born, even if the husband is willing to sign the papers, because now the COURT will hold the divorce. There is a right way and a wrong way to end one relationship and start a new one, and this way is going to mean that once the child is born, you'll need to bring a paternity case (since the child will already HAVE a default father), have yourself established as the father instead of the soon-to-be-ex-husband (which can coincide with the divorce, since the child NOT being the father's WILL have impact on that case too). Once you're established as the father, if you want legal rights regarding the child, you'll then need to bring a visitation/custody case, and to expect that as part of that case that the court will order child support. Once the divorce is final, if you choose to marry the mother of your child, the visitation/child support issue becomes moot as the marriage would automatically establish your legal position. If you choose NOT to marry however, you'll still need to follow up on establishing legal ties to your child beyond JUST being on the birth certificate -because mom will still be, by default, the child's sole guardian until you do so.

  6. #6
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    Dec 2011
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    Default Re: Girlfriend Pregnant Not Divorced

    Quote Quoting aardvarc
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    It doesn't matter if the husband KNOWS she's pregnant or not. Unless she is LEGALLY divorced at the time of the birth, the husband WILL BE the legal father of the child, even if he's been on the moon for 10 years. This is one of the major legal powers of marriage, and for you, one of the major downsides of NOT being married to someone you make children with. And, now that she's pregnant, the divorce cannot be finalized until the child is born, even if the husband is willing to sign the papers, because now the COURT will hold the divorce. There is a right way and a wrong way to end one relationship and start a new one, and this way is going to mean that once the child is born, you'll need to bring a paternity case (since the child will already HAVE a default father), have yourself established as the father instead of the soon-to-be-ex-husband (which can coincide with the divorce, since the child NOT being the father's WILL have impact on that case too). Once you're established as the father, if you want legal rights regarding the child, you'll then need to bring a visitation/custody case, and to expect that as part of that case that the court will order child support. Once the divorce is final, if you choose to marry the mother of your child, the visitation/child support issue becomes moot as the marriage would automatically establish your legal position. If you choose NOT to marry however, you'll still need to follow up on establishing legal ties to your child beyond JUST being on the birth certificate -because mom will still be, by default, the child's sole guardian until you do so.

    What if the courts DO NOT know she is pregnant.

  7. #7
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    Default Re: Girlfriend Pregnant Not Divorced

    You're talking about defrauding the court. Not a smart move.

    But either way, it won't matter.

    Does her husband KNOW she's pregnant?

  8. #8
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    Default Re: Girlfriend Pregnant Not Divorced

    Quote Quoting Dogmatique
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    You're talking about defrauding the court. Not a smart move.

    But either way, it won't matter.

    Does her husband KNOW she's pregnant?

    No he does not. He's been in jail. They have been going through this divorce before she was even pregnant. We live together and ive spent thousands of dollars on our child. So your saying I'll have no rights and he will have rights and the baby's last name will be his?

  9. #9
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    Default Re: Girlfriend Pregnant Not Divorced

    That's pretty much the bottom line, yes.

    You will need - as Catherine stated - to file to establish paternity once the child is born, and go from there.

  10. #10
    Join Date
    Dec 2011
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    Default Re: Girlfriend Pregnant Not Divorced

    Quote Quoting Dogmatique
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    That's pretty much the bottom line, yes.

    You will need - as Catherine stated - to file to establish paternity oncethe child is born, and go from there.
    I just found out she's legally separated. Does this change things.

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