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  1. #1
    Join Date
    Jan 2011
    Posts
    3

    Default Seperation with New Child

    My question involves paternity law for the State of: Louisiana. my situation is this: i am recently separated (married in Alabama). my wife relocated to the state of Louisiana and became pregnant by another man. she is goin to have the child in La. first question is what state does the paternity laws fall under. the second: will i be deemed the father of the child (without paternity test), third: would he or she retain my last name by default?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Seperation with New Child

    If she gives birth while you are married, you will be presumed to be the legal father. If this is not what you want you must file to disestablish paternity.

    Wherever Mom gives birth will dictate which state has jurisdiction....in this case, it would appear that would be Louisiana.

    Your wife is free to keep her current name. She can also name the child Bill Gates Trump IV if she wishes, or use any other name.

  3. #3
    Join Date
    Jan 2011
    Posts
    3

    Default Re: Seperation with New Child

    thank you for you time

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Seperation with New Child

    You're welcome.

    Be aware that you will not be able to finalize a divorce until after the child is born.

  5. #5
    Join Date
    Jan 2011
    Posts
    3

    Default Re: Seperation with New Child

    oh ok thanks thats good to know :-)

  6. #6
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Seperation with New Child

    Dog,

    Assuming that his wife has not established residency in LA yet, OP could file for divorce in AL and make the disestablishment of paternity a part of the divorce, right?

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