Legal Question in Family Law in Georgia
I have been separated from my husband for over two years now, but not legally. I have been with someone else now for about one and half years. During this time I had an IUD but it dislodged without me knowing and am now pregnant with my boyfriends baby. I know it is his because like I said i've been separated from husband and only have been intimate with boyfriend. I am trying to get a divorce now but I am do in 3 months. If for some reason my divorce does not get final by the time I deliver who would be considered legally responsible for my baby. My boyfriend and I want our baby to have his last name and rights. My soon to be ex agrees and we have been cival since separating. The divorce is going to be uncontested.
2 Answers from Attorneys
You have a complex case that requires a lawyer. UNder the law your husband is presumed to be the parent. With proper papers (and no, there is no form that covers this) a court can change that and deal with paternity in the divorce. With everyone agreeing the cost will be reasonable.
Depending on where everyone lives I may be able to assist. Do NOT file a divorce without a lawyer in this type case.
If you have the child while you are still legally married, the child is legally your husband's, NOT the biological father. You are also committing adultery, which can be considered when the judge rules on alimony (and, in this case, child support). Hire a family law lawyer IMMEDIATELY.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******
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