Legal Question in Family Law in Texas
What answer to file if I am pregnant?
My husband filed for a divorce after 15 years of marriage. We have two girls (12 and 13). The kids are with my parents at the moment and he lives in an apartment and I am living in a dorm finishing school and my family helps me with gas money, etc. He doesn�t give me any money and we have one car that I drive but he wants it back because he is making the payments on it. He admits having a girlfriend, even to our kids, and that he wants to be with her. To further complicate things I am 5 weeks pregnant with his child. He wants me to have an abortion so that our divorce will be final soon, but an abortion goes against everything that I stand for! Are the papers he filed currently legal since I am pregnant? What happens if I have an abortion or miscarriage? What happens if I carry the baby to term? I want to work things out. Can I make him go to counseling and will we have to pay for it? Should he be paying me any money currently or just after we are divorced? Can our children decide where they want to live or can I get custody of them? What about his social security that I would have been entitled to someday? I don�t even know how to file a response to the divorce papers. All I want is for him to try and work this out for our family
1 Answer from Attorneys
Re: What answer to file if I am pregnant?
You need to retain the services of an attorney immediately.
You have asked too many complicated questions to appropriately be answered in an email.
I don't know what he filed at the courthouse but I assume it was a divorce.
Yes, a divorce can be filed while one party is pregnant.
He cannot force you to have an abortion.
Children can designate who they would like to live with after the age of 12 -- however, it is not binding on the Judge.
You cannot force him to remain married to you.
You need to find a lawyer in your county.
If your parents are raising the children, they can intervene in the divorce and get legal custody of the children since neither of you have them at the present time.
This is a complicated case and you NEED TO TALK TO AN ATTORNEY IMMEDIATELY!
Good luck!
Fran Brochstein
www.familylaw4u.com
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