anleja

My wife moved out with her son (from previous relationship) in March. I was left to care for our daughter. I want a divorce, but can not currently afford it, as I am barely making enough money for rent, childcare, food, etc., plus it does not help that my wife does not have a job, which means I get no child support. I am in the process of moving into a better situation which will allow me to have more money, so I figured I could file towards mid-October. State law says the divorce is not final until half a year after the original filing, so about April 2005.

She told me yesterday she is 17 weeks pregnant, due around mid February. To my knowledge the dad is out of the picture.

I was thinking that this doesn't really concern me, other than my daughter is going to have ANOTHER half-sibling. But, I mentioned her pregnancy to my daughter's day care provider, and she said that as long as we are legally married this is legally my kid, especially if the real dad is out of the picture.

Now, I ask, does anyone know if this is true? I can offer more details if desired.

Thanks.

anleja

Hmm, just noticed the "ask the attorney" thread. I think I'll copy this there, but if anyone has anything to add, please do so.

denim

Prove she committed adultery by doing a DNA test on the child, and it might help you with the divorce. Depends on the state you live in, I bet.

Shizukana

It most definately depends on the state in which you live.

In Mississippi, I do know that their adultery laws are EXTREMELY strict. Of course, with your wife/soon-to-be-ex-wife being unemployed it wouldn't be as severe on her part... but you should still definately look into the laws of your state regarding adultery.

__________________
"The power of accurate observation is frequently called cynicism by those who don't have it." - George Bernard Shaw

Diamond

definitely get the DNA test after the kid is born, otherwise you get the gift of additional child support

ngdawg

You can, if she consents, get a DNA before the child is born, through amniocentesis. You need to consult a lawyer who is current on these situations. Count back 17 weeks-that is 4 months or so and there can be a margin of error of 2 weeks concerning pregnancy.

analog

[echo]
Depends on the state you live in.
[/echo]

Welcome to the land of lawyers... prepare to surrender your money.

william

I'd definitely go for the DNA test. If it's your child, fight for it!

xepherys

Well, there are federal adultery laws that make it illegal EVERYWHERE. Some states have stricter laws that they impose. Regardless of adultery, if the child is not your biologically, and you prove it via DNA, you cannot be held legally responsible for it in any state. This is the basis for child support and family welfare laws throughout the country. You could choose to adopt the child, but without that taking place, you have no legal obligations.

If you can show adultery, she might get mandatory jail for up to a year in some states, which may affect the other child(ren). You might want to be careful how you present your case if, in fact, you care one way or the other.

guami007

It really depends on the state that you live in as previous posters have noted. In Minnesota, if you are legally married to the woman, the court assumes that is your child regardless of what anyone says or thinks. If you are dealing with a woman who is also hard up for money, good lucking trying to get her consent to submit to DNA testing and then good luck trying to convince a court to hear your issue.