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#16813 - 06/18/05 08:09 PM wife pregnant by other guy
Aylasdad Offline
recently joined

Registered: 06/18/05
Posts: 4
Several days BEFORE my wife and I filed for a legal seperation in the state of NY I discovered that she was pregnant, THANK GOD i am not the father.

She claims that because we are now legally seperated we are "not married" so there is no reason to expedite our divorce.
My guess in that this is false....what are your thoughts?

also.. In New York..

What will happen if she gives birth to this kid and we are not divorce?

Can a married woman put another mans name on the birth cert?

Do I have any legal obligation if I do not get a divorce ASAP?

Is there any other issues I should be aware of?

Thanks
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#16814 - 06/19/05 01:09 AM Re: wife pregnant by other guy [Re: Aylasdad]
sogle57 Offline
old hand

Registered: 07/05/04
Posts: 942
good questions..does she want you to be the father? you dont say..i do know this..im from Il and a friend of mine has a son who married a women who had just had a child..he knew she was pregnant when they started dating..the father of the baby left her when he found out..so jody married her..4 years later his wife has an affair with a man and becomes pregnant..she leaves him for the other man..he divorces his wife..but jody is made to pay child support for "both" children..why?..well with the first one (who didnt have his name..the girl went by moms maiden name) was the only "dad" the girl had ever known and because the 4 year old thought of him as her dad..then in the eyes of the courts..he "was" her dad..he pays support for the second one..even tho everyone knew it wasnt his either and she left to be with the father..because..he was married to her at the time she became pregnant..now..do i think that is fair..no..but thats just how it is..and ive read several posts on here over the past few years where this has happened to men who have posted about it..i would see a lawyer as soon as you can and find out how this might pan out in court..good luck

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#16815 - 07/14/05 08:06 PM Re: wife pregnant by other guy [Re: sogle57]
dgzbb Offline
recently joined

Registered: 07/12/05
Posts: 21
Loc: Texas
There are laws here in Texas that prevent a divorce during a pregnancy, to keep from 'bastardizing a child'. The assumption is that the legal husband is the legal father, unless you provide proof of paternity, which cannot be done until after birth, I believe. You might call an attorney and ask about the birth certificate--I don't think she can put anyone else but her legal husbands name, but I'm not sure. Bottom line--I'd get in a hurry to establish paternity from the 'git-go', as that would be grounds to petition for a divorce and request that child support not be granted. Until then, you're probably stuck. Ask an attorney to be sure.
_________________________
Steph

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