Going through a divorce but pregnant by someone else.. - Mothering Forums
Forum Jump: 
 
Thread Tools
#1 of 6 Old 12-23-2012, 09:38 AM - Thread Starter
 
emilypaige's Avatar
 
Join Date: Dec 2012
Posts: 1
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)

I am currently going thru a divorce with my husband.. He filed for divorce in April and i started seeing someone else & got pregnant in July..But the guy that i am pregnant by now recently walked out on me and left me last week.. my husband keeps telling me that we cant get a divorce because i ended up pregnant before our divorce was final...I am wondering if I will have to put my husband as the Father on the BC even though he is NOT the father! I know that in some states you can list the father as Unknown on the BC even though you are still married. I live in Mississippi but I cant seem to find the laws on the internet about that....Any help would be greately appreciated as I am very worried! I do not want my husbands name on the BC at all!

emilypaige is offline  
#2 of 6 Old 12-23-2012, 09:43 PM
 
kblackstone444's Avatar
 
Join Date: Jun 2007
Location: MA
Posts: 3,832
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)

My Husband left me in December 2009 and I got pregnant in May 2010.  The divorce was not finalized until December 2011, due to other reasons.  The guy I got pregnant with was a real abusive jerk, so I was NOT gonna put his name on the birth certificate, however, I didn't want my Husband to be named the Father, either.  My Husband had to sign an afidavit (and I had to sign one, too) shortly after my little one was born, stating that he was not the Father.  There was a little red tape, but the baby's Father filed for a paternity test and also signed an affidavit that he was the father, and then it was proven who the father was, which wasn't my Husband.  If my baby's father had not forced himself into me and my baby's life, a simple paternity test would have sufficed so that my Husband would not have had to pay for child support or anything.  I lived in NY at the time, but the baby was born in CT, where the law was that the Husband had to have his name on the birth certificate, whether or not he is the father, but they were able to bend the rules in my situation, as I was hiding from an abusive situation (the baby's father).  If both you and your Husband both sign afidavits that he is not the father, it should do it, if not, a paternity test will do it, so that you can finalize your divorce.  Worse case scenario, they can redo the birth certificate once it's legally proven he's not the father, but hopefully you can avoid that hassle.


I pray for the day Family Court recognizes that CHILDREN have rights, parents only have PRIVILEGES.  Only then, will I know my child is safe.
kblackstone444 is offline  
#3 of 6 Old 12-23-2012, 09:47 PM
 
kblackstone444's Avatar
 
Join Date: Jun 2007
Location: MA
Posts: 3,832
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)

I found the info.  I was mostly right, but it sounds like things could get complicated.  But it doesn't mean that you CAN'T get divorced, it just means there's a complication.

 

Good luck.  I know how scary and frustrating this situation can be.

 

 

http://www.ehow.com/info_8416313_legal-rights-unmarried-parents-mississippi.html

 

Married Mother --- Different Father

  • In some cases, a woman is married to someone who is not the father of her baby. In these cases, the paternity becomes more difficult, and the biological father does not have any legal rights to the childicon1.png. The husband of the pregnant woman is presumed by Mississippi state law to be the father of the child. If the couple divorces, the biological father can request paternity testing to establish paternity, but according to the Mississippi Bar, the state has the right to deny the request and keep the husband listed as the biological father. However, if the issue is not brought up at the divorce hearings, the biological father may forfeit the right to establish paternity in the future.


I pray for the day Family Court recognizes that CHILDREN have rights, parents only have PRIVILEGES.  Only then, will I know my child is safe.
kblackstone444 is offline  
#4 of 6 Old 01-02-2013, 01:02 PM
 
janinvan's Avatar
 
Join Date: May 2009
Posts: 13
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)

Yikes, that's a really unfortunate situation! I'm sorry to hear that. I wouldn't lie on the BC if I were you (the child should know who it's biological father is, and he should help raise it if it's his), and if you and your husband were getting a divorce to begin with, I don't think bearing another man's child is a good reason to get back together - although, you know your relationship much better than I do! If things look good to you and you don't want to divorce any more, then try making it work - maybe it will! smile.gif If you do want to proceed with the divorce, just accept the fact that your life will involve raising kids alongside at least 2 other people (both fathers) and that custody, child support, etc. will need to be figured out. Best of luck.

janinvan is offline  
#5 of 6 Old 03-12-2013, 11:19 AM
 
organicpapayamama's Avatar
 
Join Date: Dec 2008
Posts: 2,523
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)

i would not put down his name as the father on the birth certificate. You would be knowingly providing false information and can cause a huge legal issue. 



BFPChart2.gif

organicpapayamama is offline  
#6 of 6 Old 03-12-2013, 12:53 PM
 
Jackeke's Avatar
 
Join Date: Mar 2013
Location: La Jolla, CA
Posts: 48
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)

I hope hes not using this child as some sort of leverage to keep you two together? 

 

But no you don't have to put his name down. Actually you don't have to list the father at all in Mississippi. You may want to double check that, but thats what the correctional department said :) I think you're good on that


hug2.gif    goodvibes.gifstillheart.gif  

Jackeke is offline  
Reply

Quick Reply
Message:
Drag and Drop File Upload
Drag files here to attach!
Upload Progress: 0
Options

Register Now

In order to be able to post messages on the Mothering Forums forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
User Name:
If you do not want to register, fill this field only and the name will be used as user name for your post.
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:

Log-in

Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.



User Tag List

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page


Forum Jump: 

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off