married but bf is the dad

[indigo77]

I am in the process of filling for divorce we have been seperated a long time i have been with my bf the dad since  jan. I am due end of dec and was wondering if my  divorce isnt finalized by then will there  be any issues? As in my bf being the dad on birth  certificate etc

[indigo77]

What does  he have to do to be excluded?  If he tells the courts  its not his and wants to be excluded will they  still demand dna and if so who pays for dna? I haven't  filled but have it filled out  just need to take it in and pay the 300$ which  has been the hardest part

[mags242001]

Did u already file for divorce? Cuz that can take months. The petition has to be filed for 30 days then 60 additional days at least to get a court hearing minimum. But u got to take care of it before your bf has any legal rights over your child. But u can still name your bf on the birth certificate but the other lady is right he won't be the legal father just the presumed father. And yes if no one makes any challenges to the paternity (in the case you weren't married) but you being married complicates it. Just the fact that the marriage exist they have to exclude him b4 establishing paternity between someone else. But if your husband is in agreement with u and it benefits him to exclude him. It should make it a simple process. But go file for divorce so it can at least start the process.

[indigo77]

Im from oregon. I never filled for seperation but we have been seperated  almost 2 years. I am filling the divorce on my own without  a attorney I'm on good terms with my husband and he knows the situation he isnt going  to fight me on the divorce  or baby stuff at all not sure  if that helps?

[hothotsauce]

In NM, whoever you put on the birth certificate is assumed to be the father unless someone else challenges that and asks for a paternity test. Was your separation a legal one?

[mags242001]

Ok I can help u with this as I worked with divorces and paternity for 12 years prior to my career now. But I'm from Texas so laws change from state to state but usually minor details. But by TX law it would complicate things. Legally the legal father is your husband. Now naming your bf as the father on the birth certificate doesn't establish paternity between the baby and ur bf. It actually doesn't do anything. U can name anyone on the birth certificate. But what will happen is that ur attorney will have to include your baby in your divorce case. To exclude your husband as the father. Any time a child is born withing 180 days after the divorce is finalize you are required to exclude your ex husband. So being you are still married they have to exclude him. The judge will order a DNA test and exclude your ex husband then a paternity suit will need to be filed with the courts to establish paternity between your child and your bf. Since they had to exclude your husband they will order blood test also for your bf. Once that comes back as positive then the paternity is established and he is named as the bio father of the baby. Then and only then will he be entitled to any parental right over your baby. It's a lengthy process but must be done the legal way. If u have any other questions abt this just ask. Oh some court will allow ur bf to just sign a affidavit of paternity but some won't because ur still married. It depends on the judge

[rainbowbb]

There shouldn't be issues unless your ex makes a stink about it and asks for a paternity test before the father slot is filled. However it may effect your actual divorce since you're legally still married and the baby is fathered by another man. No connection between the two should arise though