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  1. #1
    Join Date
    Apr 2010
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    3

    Default Pregnancy During a Pending Divorce, Father is Not Husband, Not U.S. Citizen

    My question involves paternity law for the State of: New York

    My gf/fiancee is during a divorce proceeding with her practically ex-husband. The final hearing, as far as I know, should be over a month or two before the baby is actually born and right now is going through its final stage.

    My gf become pregnant with me (of this we are 100% sure) sometime in early November, which would put her due date at July/August. I am not a citizen nor resident of the US (Obviously we cant get married until the divorce is finalized), however we do plan on going through the proper channels once she can proove that she is divorced or if that is made impossible for any reason (imigration laws are a nice labyrynth by themselves ), move to my home country temporarily or permamently. This is not the issue here, I think.

    I do understand that in the case that the divorce proceedings do drag on for any reason, or the ex has a change of heart, in the case that they are still married when the baby is born, he is automatically assumed the father under NY/US law.

    So here are my questions:

    1. In the case they are still legally married (Separation was legally established way before the child was convieved) and the ex is put on the birth certificate by default, what are the steps I/my gf (understanding that I have limited options as a non-US citizen/resident) have to take to disproove that he is the father of the child and have his name stricken from the certificate, if at all possible. What other steps should we/she take if we should?

    2. If they are divorced, will there be any problems of putting a non-US citizen/resident on the birth certificate? We will try to get married by then, but things might drag on due to the divorce and other legal issues. Is there something I should be aware off beforehand, both in the best case of the divorce being final, or not? My stay in the US is 100% legal and there isnt any problems with that.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Pregnancy During a Pending Divorce, Father is Not Husband, Not U.S. Citizen

    1) Regardless of whether the divorce is final by the time the baby is born, they will both need to go to court to disestablish paternity. They will both need to testify that the child is not her husband's, and there will be a DNA test.

    After his paternity is disestablished, you may file to legally establish paternity.

    2) The only requirement to be named on the birth certificate as the father of the child is that you are the father of the child. You needn't be a resident or citizen, or even married to the mother - you only need to share genes with the munchkin in question.

    Read everything here and here.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Pregnancy During a Pending Divorce, Father is Not Husband, Not U.S. Citizen

    Out of interest, what IS your immigration status?

  4. #4
    Join Date
    Apr 2010
    Posts
    3

    Default Re: Pregnancy During a Pending Divorce, Father is Not Husband, Not U.S. Citizen

    Thanks, that is practically everything I needed to know.

    One more question, lets say the ex/almost ex husband tries to be an ass for any reason (I cant really picture him wanting to have anything to do with a child of his ex that he isnt realted to in any way) and does not deny paternity, even if my gf states otherwise, does that muck things up in any way? Or will the DNA test be issued and clear things up one way or the other?

    Quote Quoting Dogmatique
    Out of interest, what IS your immigration status?
    The fiancee naturalziation has been held up, obviously due to the divorce not being final. We had several bouts when I came to visit to the US on a standard multi entry toruist Visa, or she came to my home country. The pregancy thign happened during my last visit there, I plan/hope to visit the next month again. I am aware all the ticks and turbulations of the fiance visa process and that I'll probably have to go back to my country, have one issued once the divorce is final and came back "on it" to avoid any unplestantess from USCS, also known as being accused of "Visa fraud" if I'd just marry while being on a tourist Visa in the US.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Pregnancy During a Pending Divorce, Father is Not Husband, Not U.S. Citizen

    One more question, lets say the ex/almost ex husband tries to be an ass for any reason (I cant really picture him wanting to have anything to do with a child of his ex that he isnt realted to in any way) and does not deny paternity, even if my gf states otherwise, does that muck things up in any way? Or will the DNA test be issued and clear things up one way or the other?
    Did you read the links?

    Mom can file to disestablish paternity if her husband decides to be a tool. the court will order DNA testing no matter how loudly he yells about it.

  6. #6
    Join Date
    Apr 2010
    Posts
    3

    Default Re: Pregnancy During a Pending Divorce, Father is Not Husband, Not U.S. Citizen

    I did, but the wording there wasnt clear to me. And yeah, that is what I assumed anyway, just making sure Thanks for clearing things up and for all the advice/info, will certainly help to put our minds at ease.

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