Wondering if anyone might have been in a similar situation or know someone who was? - Mothering Forums

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#1 of 3 Old 05-09-2011, 12:36 PM - Thread Starter
 
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I got pregnant just before my senior year in 2004.  In 2006 my son's father and I decided to get married (well I was young and talked into it).  I soon realized my mistake and moved out.  In 2007, a month after my second son was born, he left state, with his pregnant girlfriend, without telling me until he was already in Wyoming.

 

So I have had the kids since and have not seen him since.  I talked to him over the phone every once in a while until he got put in prison in 2008 for sneaking in contraband to an inmate and having relations with that same inmate at a women's correctional facility, where he was a prison guard (glad I got smart and left him).  He is still in prison and the beginning of this year I had finally found the help I needed to file for my own divorce (since I don't have a ton of $ to spend on a lawyer).  I filed in January and the final court date is August 2nd.  I have had a boyfriend for 2 years now and we have lived together for a year now.  He proposed to me and we have our wedding date set for August 12th (very soon after divorce, I know, but considering I haven't even talked to my 'husband' in 3 years now, I don't feel it matters).  

 

My real point here is that I just got my mirena taken out because I want to give my body time to get back to a normal, healthy state before we try conceiving (right after the wedding).  I just am worried, even though we are being very careful, that I am going to get pregnant before the final court date.  In the state of Michigan, I know that if a baby is born to a married couple that the baby is legally husband's even if he is not the bio father and even if the bio father sign the bc.  But I am wondering, if in my situation, I was to conceive (on accident) before the court date (while I am technically still married to my stbx) but then give birth to the baby with my soon to be husband (when we are married, of course), who would they legally consider the father to be?  

 

I am not too worried since we are being extremely careful to not get pregnant until after our wedding, but I want to know if anyone else has experienced this or knows someone who has, so I am prepared with what to do if a surprise happens.

 

Thank you ladies for your time. =)

 

Mallory 

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#2 of 3 Old 05-12-2011, 02:10 PM
 
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That's a bizarre law! I'm not sure anyone here may know the answer. I think you may need to talk to a legal professional of some sort. Or possibly search online for MI birth & marriage laws?

 

 

My now-husband and I decided to TTC before my divorce was final. I had also put off filing for divorce because I wasn't swimming in money, & didn't think it would matter so soon. :p I became pregnant but did give birth about 1 month after the divorce finalized (my now-husband & I married 1.5 yrs later). This was in CA in 2005. There was never any mention by anybody of my stbx having anything at all to do with my pregnancy. But, this wasn't in MI so really it's not helpful for you in the slightest! :p

 

I do hope you can find an answer!


North Idaho rural living  mama to: 23 yo DD, 16 yo DS, 8 yo DS, 6 yo DS, 4 yr old DS, 2 yo DD, and 1 yo DS. And someone new coming this Christmas!
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#3 of 3 Old 05-14-2011, 04:28 AM
 
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There is a similar law here in IL.  I would imagine that someone would actually have to research case law to determine how the statute has been interpreted.  At least here, I believe it is worded as a child being "born into a marriage" being the legal child of the husband.  I would argue (but, that doesn't mean a court would agree), that what the statute means is that the child has to be born, not conceived, at the time of determining which marriage is relevant.  All that to say, your best bet is to consult a Michigan family law lawyer or clinic.


Mama to add 10/05; ds 3/09, and two angels
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