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  1. #1
    Join Date
    Apr 2011
    Posts
    3

    Default Pregnant by Another Man Before My Divorce Was Final

    My question involves paternity law for the State of: GA

    I was separated from my husband, but not legally divorced when I got pregnant by another man. That man and I have been together ever since. He was there in the delivery room with me. At this time we were informed that our daughter can not carry his last name or he cannot be listed on her birth certificate bc I was still "legally" married to someone else at time of her conception. We were told it would take a court order to get her biological father placed on her birth certificate and her name changed. We were told that it must go through superior court, but we could file it ourselves we didn't necessarily need a lawyer to represent us. How do we go about this? We have no clue what paperwork is required or where to begin. My divorce decree plainly states at which point my ex and I quit sharing the same home and that no children were product of that marriage. Please help!!

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

    Default Re: Pregnant by Another Man Before My Divorce Was Final

    Was paternity legally disestablished as part of the divorce action?

    Was the child ever legitimized by your husband?

  3. #3
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Pregnant by Another Man Before My Divorce Was Final

    No the child has not been legitimized by anyone. She was just born last week and I am not currently married to anyone. Her father is my boyfriend, but he wasn't allowed to be listed bc I was married to someone else when she was conceived. As far as the divorce goes... I'm not sure exactly what it states, but it just acknowledges that no children were produced from that marriage.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Pregnant by Another Man Before My Divorce Was Final

    Dad can file a petition for legitimation, as described here.

  5. #5
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Pregnant by Another Man Before My Divorce Was Final

    I have looked at the petition for legitimation forms online already. This form states "The legitimation section of the Paternity Acknowledgment Form cannot be signed if the mother is married to someone else or was married t o someone else at any time within the usual period of gestation or there is another legal father."

    This is the issue we are dealing with. Our situation is not just a child being born out of wedlock, but the hang up with this is that I was legally married to someone else during the time she was conceived. This is why I am so confused!

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