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!
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.
Good luck. I know how scary and frustrating this situation can be.
Married Mother --- Different Father
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! 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.
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