Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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?”
Question: 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.
