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What if my husband is not the father?
By law, the husband is the legal father of any child born to the wife during the marriage. If the husband is not the genetic father of the child (and he does not want to be the legal father), paternity of the child must be established before you can finish your divorce.
Can a husband divorced his pregnant wife?
Can You Get a Divorce While Pregnant? In California, the divorce process can be started while the wife is pregnant, but the divorce cannot be finalized until after the child is born. Paternity must also be established before the courts will grant the final divorce decree.
Can mother prevent father seeing child?
The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. The parents have an existing court order, and a parent is violating the court order by interfering with the other parent’s parenting time.
Who is the legal parent of a child born during marriage?
The husband is the legal parent of every child born or conceived during the marriage. The reverse is not true. If a man fathers another woman’s child while he is married, his wife is not the legal mother of that child. As the legal father of the children born during his marriage, a husband may have custody and parenting time.
What is the parentage of non-marital children?
This article applies to parentage of non-marital children born during a marriage between opposite-sex spouses. A non-marital child is a child whose biological parents weren’t married to each other when that child was born or conceived. This includes a child born to a woman who is married but whose husband is not the biological father.
What happens if a man father a child while married?
The reverse is not true. If a man fathers another woman’s child while he is married, his wife is not the legal mother of that child. As the legal father of the children born during his marriage, a husband may have custody and parenting time. He may also be responsible for providing child support and health insurance.
Is it easy to establish paternity when the husband isn’t the father?
The general culture is getting so inured to paternity being divorced from matrimony that most folks assume it is easy to establish paternity of a child when the husband isn’t the father. However the legal culture encourages and strongly desires that child bearing and marriage remain congruent.