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Old 11-16-2010, 10:54 PM   #1
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Question Married and Pregnant: Not By My Husband

My husband and I have been seperated for almost two years. We are very cordial. I still love him and maybe one day we can work on our issues, but as for now we need space. However, this space has brought on the freedom of dating and so we've dated other people. He has gotten his "friend girl" pregnant twice, but she had to abort becuase of complications. I however have just gotten pregnant by my beau. I plan on keeping the baby.

I had a few questions in my case. Being that my husband and I are legally married, how will I be able to go after the actual father for child support since the child in the courts eyes is my husbands? I basically don't want to have to burden my husband with any issues pertaing to this baby legally. i dont want him on the Birth certificate, I dont want the baby to have his last name, and I want the rightful father to be held accountable. Is any of this possible? Can I file a child abandonment warrant against the actual father and they have him tested to prove he is the father or will my husband have to sign over his "rights as the father" and sign some acknowledgement form stating that he is not the father? I made a mess...

 
Old 11-17-2010, 12:33 PM   #2
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Re: Married and Pregnant: Not By My Husband

littlelulu

I will try to answer your question about child support-in terms of the eyes of the court, here in Massachusetts whether your married or not, the father of the child is the one who's DNA matches that of the child. Just because you are married does not mean that your husband is automatically considered the father. I would find it hard to believe that Georgia Law requires someone to be legally responsible for a child for which he did not participate in creating. His name does not go on the birth certificate and he is not required to pay for the child and the child will not carry his name unless that is what is written on the birth certificate. You can leave the "father of child" on the birth certificate blank, if you go by your married name than you will have to decide which name you want your child to carry.
You can go to court and file a complaint for child support and request that the court require the man that you believe is the father submit to a paternity test.
Your husband has no rights as the father because he is not the father so there is no need for him to sign over any rights.
Here in Massachusetts we have what is called "Lawyers of the Day". You are able to go into the Probate and Family Office and request to speak with the lawyer of the day and ask all of your legal questions concerning what type of rights you have and how you can go about claiming those rights.
You may want to go to your local county courthouse and see if that option is available for you, that way you can get some real answers to your questions.
I hope I have help you with some of your questions.
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