Legally he would be considered the dad. If you deliver and they know you have a husband you won't be able to put your bfs name on the birth certificate.
What you can do is keep the name blank, and add it later.
The courts will want a dna test.
If you are pregnant by someone other then your husband, then your husband can get you for infidelity and not have to give you anything. You would be the one paying alimony to him, depending on how long you were married.
Let your lawyer know, it happens a lot. I'm not sure the exact laws in your state but I'm a paralegal in sc. Many times you can get a paternity test to prove it after baby arrives. However, in your case it might not even be a problem in less your ex husband questions it. It might be helpful to look up your states "code of laws" you can just type that into Google with your state. It should pop up, then look under marriage/divorce/family.laws. it should spell it out for you what might happen. I don't get my messages on here bc I just use the app. But I'm on all the time if you have another question.
Im from ky and have tried to look things up but they arent very clear. Ill have to confine in my lawyer and hope for the best. I don't want his name on the birth certificate because i know its not his kid. Thanks everyone for your input. Ill let my lawyer know and will update
Depending on the state, they may consider ur husband (ex) to b the legal father. Usually, when ur married and have a child, the spouse will automatically go on the birth certificate regardless, bc a state will not create a legal orphan. They want there to b a father whether he is the actual father or not. I would confide in ur attorney and demand a DNA test just so there aren't legal issues where ur ex will have to pay child support or anything like that. If ur ex knows, u could suggest splitting the cost 50-50 bc if u just let it go and get a court required DNA test and he's proven not to b, u will have to pay the entire cost....which isn't cheap. U also may b able to request one while at the hospital but idk how quickly they do that or how that works.
I feel you. I was 5 months when my ex husband and I divorced and I didn't tell anyone. I went back to my maiden name because I didn't want my son to have his name. In my state if the judge knows your pregnant he will not grant the divorce.
My husbands ex wife became pregnant by someone else when they were married. When the baby was born even though DNA test was done and proved that he wasn't the father his name was legally put on the birth certificate because they were married. When we tried to get his name off 8 years later the state refuses to "basterdize" a child. Luckily in their divorce they made sure to put that a child had not been a product of their marriage so he didnt have any financial obligations.
I didnt want to hear the comments i should have waited till it was final and all the negativity. But im feelin a little better now thanks to you ladies :)
I am in the same situation. Luckily my x n I are n agreement over everything in our divorce and we are pushing the divorce before i start showing on the advice of a mutual attorney friend. Each state has different laws regarding the situation. Good luck.
Why would u be judged mama? You got a new man, you're moving on, good for u, and I don't think there's a problem with that, maybe it makes it easier and faster the process, so good luck!!!
Thanks for the input ladies. I was hoping my divorce would be over soon so i could just wait but i also heard that a divorce cant be finalized untill the baby is born
I would have a DNA test set up for just after delivery. I would not fill out a birth certificate form till it came back and when it came back I would put the boyfriends name on the certificate. DNA can prove your husband is not the father.
Legally the person who is the father is financially responsible. I don't see how you being pregnant makes any of the difference unless there was a prenup and cheating was involved. Then it would only be you breaking a contract and whatever money agreed upon may differ. But I wouldn't be too worried about it if your husband and lawyer know your in a relationshiop, even then it's none of their business.
They will say that but he can tell them its not his baby and u might have to do a DNA test especially if it's no where close to over