10 month rule

[jonas123]

Hi,
my name is Jonas nad I have the following problems.

The divorce of my girlfriend with her actual husband will be final in two months. She is already separated quiete a long time from her husband und she got pregnant now. I am of course the biological father.

I have heard now that in the US is existing the law that every new born child will be legally the child of the old husband until 10 months after the divorce was finalized.

Is it true that this law is existing? In our case we have the problem that I am german and I live in Germany and we also want to live in future in Germany. To speed up the visa process it's very important for us that the child will already be legally my child and consequently a german citizen from the day it was born.

So, is this 10 months law existing in any US state?
Is it possible to take some legal steps in advance (before the birth) to ensure that I will also be legally the father?
Do you have any useful advices?

I would be glad about any answer.
By Jonas

 

[Duranie]

I am not familliar with any 10 month rule I do not believe it is exists but you might want to post your state. Divorce laws are state specific. If this child is yours then there should be no problem taking the child to Germany with mom. Do you want the child born in the US or Germany?

 

[irish223]

In many states, it is true that a child born within a certain length of time after the divorce is final is legally the child of the ex-husband.

Your friend should talk to her lawyer. I believe that the pregnancy can be addressed in the divorce papers; that is, the ex-husband can be legally relieved of paternity.

In order for you to be the legal father, you will have to sign the Acknowledgment of Paternity (at the hospital, or a short time later) or you will have to go through the courts to establish paternity.