My Fiancé is Getting a Divorce and is Pregnant with my Baby, Is there a Possibility that her Ex Could have any Legal Rights with my Child?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

A house attorney has answered this question.

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