Husband Not the Father

[afern]

My question involves paternity law for the State of: Montana and Florida

My sister is pregnant and her husband is not the father. They have been separated for 3 years, but have not taken any steps to get divorced. She lives in Montana and he lives in Florida. She does not seem to concerned about him having any claim over the baby and thinks that since he isn't that father he has no rights, but I am curious if he has any kind of rights of the child since they are legally still married.

Thanks!

[LawResearcherMissy]

They have been separated for 3 years, but have not taken any steps to get divorced.

Are they legally separated - that is, with a court issued decree of separation?

[afern]

Are they legally separated - that is, with a court issued decree of separation?

They have not taken any kind of legal action so unless you are automatically legally separated by living apart for so long or not being together ( I am not sure exactly how legal separation works) then No they are no legally separated.