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[Erin92]

Jurisdiction

California

I am currently married and my husband and I were separated for about 4 months (not legally) during that time I got pregnant with another man's child. Currently im 9 months pregnant. At first the father of the baby was involved then he started acting like a child so I told him I didn't want anything to do with him and he was ok with it. I wrote to him about a month and a half ago and told him if he was going to help me buy anything for the baby and he said he'd tell me when he had a day off and I never heard from him. So about 2 months ago my husband and I decided to work things out so now we're happy together and is willing to take full responsibility for the baby and wants to put this name on the birth certificate. What does that mean for the father of the baby cause we want nothing to do with him, will he have any rights or can he file for custody

 

[leslie82]

You're married to your husband - your husband is the legal father. If the biological father wants to fight it, he has to go to court. But in most states, if a woman gets pregnant while married her husband is the legal father regardless of biology.

This is California law: CA Codes (fam:7610-7614)

I don't know how successful this other guy will be but he could fight for paternity. But he has to go to court. Otherwise your husband will be the legal father.

 

[Erin A]

Do you think the other guy will get anywhere if he went to court since he'll have no relationship with the child?
Do I have to tell him when the child is born?

 

[army judge]

Do you think the other guy will get anywhere if he went to court since he'll have no relationship with the child?
Do I have to tell him when the child is born?

The other person might demand or request a paternity test.
That said, if a married woman were to become pregnant by a man (not her spouse), our laws say the woman's husband is the legal father.

However, stuff happens, and troublemakers occasionally appear claiming he's the daddy.

The other side of that coin has a married woman engaging in intercourse with a man, not her spouse.

That man learns she's pregnant, or delivered a baby.
Such men, smitten with the woman, go to court to prove their paternity thinking the woman will come running to him with the baby in her arms.

We live in a very strange world.

Some would say, all of us are weird.

Back to your problem, if the guy gets a judge to listen to him, he might be able to obtain court ordered genetic testing for the baby and himself.

You can fight to thwart his efforts, by denying you and he ever had sex.
He'd have to prove you we're lying.

In some of these situations, the husband does DNA testing, proving himself not to be the dad.

It is very emotional and complex.

Good luck.

 

[leslie82]

I don't know. It depends on the judge.

No you don't have to tell him anything because legally he will have no rights.

Go talk to a lawyer if you're concerned.

 

[ElleMD]

If this guy decides he wants to be a father to this child, he can challenge paternity. It would be highly unusual for a judge to deny his right to establish paternity. If he proves he is the father he will have the same rights as any other father. That means visitation, custody, etc. Hubby can also challenge being the legal father should he decide that he does not want to raise your child by someone else. Given your tenuous relationship and the circumstances, you should be prepared for that possibility.

 

[shrinkmaster]

Basically you dont have much control here. This depend son the actions or nonactions of either one or both men. Yes you have a dilemma.