It is typically based on where mom has established residency at the time of the birth (usually where she has resided for the prior 6 months) OR in whichever state the baby has resided in for 6 months once born.Quote:
Quoting ukjw
These two ideas are not mutually exclusive. They can choose to stay married...AND the mother can still go after you for paternity and child support. Whether you choose to only pay child support, or to both pay child support AND enjoy visitation (if the child is yours) will be up to you. The courts can't force you to have a relationship with the child, but CAN take steps to enforce payment. There is NO legal requirement that divorce be anywhere in the mix.Quote:
i think they will stay married and if so the courts will likely not even want me to be apart of the childs life?
Not at all. Yes, this is commonly dealt with within divorce proceedings, because most marriages don't last through babies made outside the marriage, but if they are willing to stay married to each other, that can absolutely occur while STILL naming YOU as father of (and future child suppor payor for) the baby.Quote:
From what I have came up with from researching myself he will need to divorce her to disestablish himself as the father.
Dad already has some inherent legal rights, just by being married to the mother, even if his name isn't actually ON the birth certificate. He may be content to leave it blank forever (or until such time as any number of actions concerning paternity or child support force that blank to be filled - at which time dad may have grounds to contest it).Quote:
I'm pretty sure he will not be signing the BC but I assume his name will be placed on it at some point?
Impregnated Married Woman
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11-07-2010, 03:41 PMaardvarcRe: Impregnated Married Woman
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11-07-2010, 03:43 PMaaronRe: Impregnated Married Woman
West Virginia has a statutory process through which the mother and her husband can establish his nonpaternity. She would then be able to pursue support from the biological father, who could in turn seek custody and visitation rights.
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11-07-2010, 03:43 PMLawResearcherMissyRe: Impregnated Married WomanNo, divorcing her does not disestablish paternity.Quote:
From what I have came up with from researching myself he will need to divorce her to disestablish himself as the father.
Going to court, demanding to take a DNA test, and the test showing he is not the father disestablishes paternity.
He or Mom can challenge paternity immediately upon the child's birth, and point the finger at you. No divorce is required. -
11-07-2010, 03:46 PMcyjeffRe: Impregnated Married Woman
There are married couples all over the country where the children they raise are not products of that union.
They are called step parents.
You will still need to pay for your child even if they stay married and grow old and then die together. You will need to pay for your child even if she lives with both of them and the husband becomes the primary male role model in the child's life.
Even if... you still get to pay for your child.
I don't understand why this is so hard for you. You created a child. You are now financially obligated to raise that child. The time to debate the value of the mother of that child and her decision making skills was BEFORE you impregnated her.
Congrats on the upcoming birth of your child. Be a man and be a part of that child's life. -
11-07-2010, 04:00 PMukjwRe: Impregnated Married WomanQuote:
Quoting cyjeff
providing ciggarette and liquir money doesnt financially help the child...I didnt provide twisted details to the whole situation because it is not relevent -
11-07-2010, 04:12 PMLawResearcherMissyRe: Impregnated Married WomanYou're not grasping this, are you?Quote:
providing ciggarette and liquir money doesnt financially help the child...I didnt provide twisted details to the whole situation because it is not relevent
The law doesn't care what you think the money will go for. What the law cares about is that you at least make the effort to financially support your child. If you don't do it voluntarily upon the court ordering you to do so, the court has absolutely NO PROBLEM having your wages garnished - AND you get to pay extra for forcing the court to do that.
There are other fun things that go along with refusing to pay court ordered support, like suspension of your drivers license and refusal to issue a passport. -
11-07-2010, 04:15 PMaardvarcRe: Impregnated Married Woman
But it's also not relevent what you think mom will spend the money ON. If you wanted the mother of your child to be financially responsible, you should have chosen one who fit that bill. This is who you chose to have sex with. A child resulted. If the child is yours, you can expect the courts to look to you to support the child. All the rest is fluff.
And don't forget suspension of state-issued licensing, such as for professional and occupational licensing, hunting/fishing licenses, and those annoying civil arrest warrants which somehow always manage to come up at the most inconvenient times (for my agency it's often while people are out enjoying a nice day on the boat).Quote:
Quoting LawResearcherMissy
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11-07-2010, 04:28 PMukjwRe: Impregnated Married WomanQuote:
Quoting LawResearcherMissy
I grasp this well...he decided to once again provide me with some moral advice so I gave him some info that I KNOW is irrelevent legally....so again I will say I didnt provide details about the girl or our relationship because I understand it is irrelevent...but when people speak to me as if I have a moral obligation I will toss out a few details that I fully understand mean nothing in the court just like your moral advice.
Dont go into detail about passports...once again you dont know my situation...trust me I wont be hurt the slightest if they try to take my US passport.
Some of you should be answering questions at yahoo answers if you cant help with legal advice.
Thanks aaron and aardvarc for the help -
11-07-2010, 05:02 PMUnawareRe: Impregnated Married Woman
ukjw...........I do not know your situation and I am not judging you. But, it seems to me you got yourself into a very serious situation and you are looking for a way out. A Judge in court will tell you that you are morally and legally responsible for the child if it is indeed your child. If the mother wants to seek child support and decides to go "after you" and you are the father then you will have to pay. That's how it works. Your wages will be garnished if you do not pay. In some states, garnishments are done no matter what, to ensure that the support is paid. I know this, because we have our own business and I garnish checks every week for child support. I even get to charge a fee to do this and it is paid by the employee. Everyone's advice is what you will hear in court. If the situation is as bad as you say, then see what your rights are if you are the father. If you really want legal advice hire a lawyer.
In the future, think longterm and not the moment. This is good moral and could very well be good legal advice. -
11-07-2010, 05:06 PMLawResearcherMissyRe: Impregnated Married WomanQuote:
Some of you should be answering questions at yahoo answers if you cant help with legal advice.
Aw, how cute! He thinks he's going to try to insult us!
Pookie, you GOT legally correct answers. That they don't align with what you want is neither relevant nor our problem. It's all you.
Good luck. You're going to need it. Pray to every deity you can name that the Judge doesn't call you 42 kinds of stupid in court.