How can I avoid what could potentially be a legal nightmare? 29 Answers as of November 01, 2012

My wife is currently pregnant for another man. I have no intention of staying with her now and will be asking for a divorce soon. I do not want to be the father of this child.

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Blough Law Office | Janis L. Blough
You should file for divorce before the child is born, denying paternity and demanding a DNA test of the child at birth.? Make sure paternity of the child is stated in the divorce judgment (assuming the test shows you are not the father. An experienced attorney would argue her infidelity caused the breakdown of the marriage and you should get more than 50% of the marital estate.
Answer Applies to: Michigan
Replied: 11/1/2012
The Law Office of Kate M. Forrest, PLLC
The Law Office of Kate M. Forrest, PLLC | Kate Forrest
Any child born during a marriage or within 300 days of its termination is presumed to be the child of the husband, but this can be rebutted, either by you signing an affidavit denying paternity and the biological father signing an acknowledgment of paternity (denial is only effective if there is someone else ready and willing to accept), or by an adjudication of parentage if necessary (the court could order a DNA test). Washington law states that pregnancy is not a valid reason for a court to refuse to enter a decree of dissolution, so while it will make a divorce more complicated it will not prevent you from getting one.
Answer Applies to: Washington
Replied: 10/25/2012
Attorney at Law | Aimee C. Robbins
You would file a Motion for Paternity testing with your Complaint for Divorce.
Answer Applies to: Maryland
Replied: 10/24/2012
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
See an attorney right now. The presumption is that a child born during the marriage or within 9 months afterwards is your child. You need to rebut the presumption. This could mean 19 years of child support. This is opinion not legal advice.
Answer Applies to: California
Replied: 10/23/2012
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
This sounds like a paid surrogacy, if she is pregnant for another man and not by another man. If she is not a surrogate, but is in deed pregnant by another man, then yes, we can get you divorce. To discuss your options, you can contact our office for a free 30 minute consultation.
Answer Applies to: Illinois
Replied: 10/23/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You need to file for divorce as soon as possible and have the divorce court make a ruling that you are not the father. The judge may not be willing to make such a ruling until after the child is born and DNA tests can be performed to verify that you are not the father. Until that is done, however, the law presumes that you are the father of a child born while you are married or within 300 days after a divorce and that presumption will control until it can be proven wrong.
    Answer Applies to: Colorado
    Replied: 10/23/2012
    Law Office of Beth Jackson Day | Beth Jackson Day
    Get out of the house and file now.
    Answer Applies to: Maryland
    Replied: 10/23/2012
    Law Office of Melvin Franke | Melvin Franke
    Hire a divorce lawyer.
    Answer Applies to: Missouri
    Replied: 10/23/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    File for a divorce. Do not sign the Affidavit of Paternity when the child is born.
    Answer Applies to: Nevada
    Replied: 10/23/2012
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    If you want a divorce, you should pursue a divorce. If you believe that you are not the father of the child, you should file for divorce rather quickly and allege that she is pregnant and a paternity test will be required. If you are married when the child is born, you are the presumed legal father, which if she later pursues child support orders against you could mean you would be on the hook for supporting the child. Talk to an attorney if you have more questions.
    Answer Applies to: Arizona
    Replied: 10/23/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Hire an attorney.
    Answer Applies to: Michigan
    Replied: 10/23/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    First, you can file for divorce now, start the time clock and get everything out of the way. You cannot complete the divorce until the child is born, and there are issues with the father, etc. But, my advice, start now, assert adultery as the grounds for the divorce, assert she is pregnant with the child of another. Then when the child is born, do not put your name on the birth certificate. If she fights you, you may need to get DNA testing performed but you do not have to support the child if it is not yours.
    Answer Applies to: Texas
    Replied: 10/23/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You can't avoid it, you need an attorney.
    Answer Applies to: Michigan
    Replied: 10/23/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    File for divorce and request and order that child is not yours.
    Answer Applies to: California
    Replied: 10/23/2012
    Brad Micklin | Brad Micklin
    Answer: Pursuant to N.J.S.A. 9:17-43, a man is presumed to be the biological father of a child under certain circumstances, including but not limited to, where the man and the child's biological mother are or have been legally and validly married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment or divorce. The presumption can be rebutted by clear and convincing evidence that another individual is the biological father or that the husband could not possible be the father. Your first step should be to file a complaint for divorce as soon as reasonably possible, and include in the complaint for divorce that you are seeking a divorce on the grounds that your wife is pregnant by another man. One of the ways to rebut the presumption of paternity and in fact create a presumption of paternity in favor of the actual father, other than actually having a DNA test, is to have the person that is the biological father of the child acknowledge in a writing to the local registrar of vital statistics that he is the father of the child. The other ways are for him to sign the Certificate of Parentage at the birth of the child or seek to have his name placed on the birth certificate. You should discuss with your wife what her intentions are and what the intentions of the biological father, if any, are. You may be able to avoid the presumption of paternity and a DNA test if the biological father willingly comes forward.
    Answer Applies to: New Jersey
    Replied: 10/23/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Get a lawyer. file the divorce.
    Answer Applies to: Alabama
    Replied: 10/23/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    If you are still married to her when the child is born you will be the father for all purposes. Get her to admit that the child is not yours, and get the divorce filed.
    Answer Applies to: Florida
    Replied: 10/23/2012
    The Children's Law Group | Tamara Chin
    The divorce can not be final until the chiild is born. However I would final now.
    Answer Applies to: Washington
    Replied: 10/23/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    I recommend you consult with an attorney to discuss the process of the divorce as well as your objectives.
    Answer Applies to: Arizona
    Replied: 10/23/2012
    Hamblin Law Office | Sally Hamblin
    File for divorce. If children involved, many extra steps and forms required. If no children, and uncontested, much less time and forms. That is if you want.
    Answer Applies to: Michigan
    Replied: 10/23/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    Go ahead and hire an attorney, and get your divorce action filed. Paternity testing can be done after the child is born.
    Answer Applies to: Georgia
    Replied: 10/23/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    File for divorce. Ask for a paternity test.
    Answer Applies to: Wisconsin
    Replied: 10/23/2012
    John Russo | John Russo
    File for Divorce, Do not put your name on the birth certificate, and if she will not admit the child is not yours ask for a DNA test. P.S. do not wait 2 or 3 years to do any of these things, time works against you in these matters!!
    Answer Applies to: Rhode Island
    Replied: 10/23/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    Very sorry for this tough situation. You should consult with and retain an attorney to represent you and to develop a good exit strategy that works for you.
    Answer Applies to: Pennsylvania
    Replied: 10/23/2012
    Ezim Law Firm | Dean Esposito
    Pursuant to Louisiana law, you are presumed to be the father of this child. However, you, your wife , and the biological father can execute an affidavit so that the biological father will be listed as the father on the birth certificate.
    Answer Applies to: Louisiana
    Replied: 10/23/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get an attorney, file for divorce, contest the paternity. There are presently DNA testing procedures which can determine parentage before birth. They are expensive, but perhaps in this case worth it.
    Answer Applies to: Michigan
    Replied: 10/23/2012
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You need counsel. That child will be presumed to be your child. You need to identify the other man, deny paternity, and request paternity testing. If you are in south Alabama, call my office for an appointment. Stay well.
    Answer Applies to: Alabama
    Replied: 10/23/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    Start looking for an attorney today, so that the matter does not become more complicated than it already is. There are numerous questions, not addressed in this post. In Texas, it is now possible to establish the child's true paternity despite being conceived during the marriage.
    Answer Applies to: Texas
    Replied: 10/23/2012
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