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  1. #1
    Join Date
    May 2012
    Posts
    1

    Default Divorce With Wife Pregnant from an Extramarital Relationship

    My question involves paternity law for the State of: Texas

    Here goes, my wife committed adultery in our marriage causing us to get a divorce. We are still working our way through that process, so technically we are still married. She is now pregnant with her lovers child. First question is on the odds that the judge will issue a divorce decree now given that she is not due until September. Second is if he does hold off on the issuance of divorce until after the child is born so as to establish paternity and any issues of child support, is it Texas law that my name as the husband has to go on the birth certificate regardless of the fact that her and I both acknowledge that the baby is not mine? Any help would be appreciated, Thanks

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,893

    Default Re: Divorce With Wife Pregnant from an Extramarital Relationship

    First question is on the odds that the judge will issue a divorce decree now given that she is not due until September.
    That's not going to happen until the child is born, now.

    is it Texas law that my name as the husband has to go on the birth certificate regardless of the fact that her and I both acknowledge that the baby is not mine?
    In order to keep yourself off the birth certificate, you'll need to sign a Denial of Paternity and the child's father will need to sign an Acknowledgment of Paternity:

    What if the mother is married to someone else or the baby was born within 300 days of the date of her divorce?

    If the mother is married to someone other than the biological father or the baby is born within 300 days of her divorce from a man who is not the biological father, the husband must sign a Denial of Paternity. The biological father cannot become the legal father by signing the AOP until the husband signs the Denial of Paternity, which is part of the AOP form. If the husband does not sign the Denial, either biological parent can open a case with the Attorney General or go to an attorney to establish paternity through the courts.

    http://darleneewinglaw.com/General/c...dallas-tx.html
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