“My fiancee is going through a divorce, it should be final in April. I got her pregnant and she is due in May. Is it true that because they were married when I got her pregnant that her soon to be ex-husband will be the legal father of the child? Does he have any rights to the child?”

For a child born within 9 months of the separation of the parties, there will be a presumption of paternity on behalf of the ex- husband. He could try to seek parental rights. However, that presumption is rebuttable with DNA tests. If your fiancee asks for tests in any paternity action and he is shown to not be the biological father, and he has never had a relationship with the child then he will not be granted the rights or responsibilities attendant to fatherhood.

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Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.