Legal Question in Family Law in Florida

Re: Separated and Pregnant

First, you can't get divorced in Texas while you are pregnant. The papers can be filed, but the final hearing requires you to swear in front of a judge that you are not pregnant on the day he signs the final order. A child born during the marriage is legally presumed to be the child of the husband. However, the presumption can be overcome by a paternity DNA test. You can also have your husband sign a statement of nonpaternity and the biological father sign a statement of paternity if everyone agrees to do so voluntarily. These two statements are on one form that you can get from the bureau of vital statistics. Once a court determines that the husband is not the father, he has no custody rights to the child. You will want to be sure to take care of this soon after the child is born. Be very careful that the divorce decree does not declare the wrong man to be the father.