Hi Kim, I've read all of the replies you've posted on this thread, and thank you for providing all of us with more info on this issue. Full disclosure, I've obtained all of my legal "experience" from Law & Order reruns, but couldn't this be addressed by simply having a child-support clause included in the divorce decree, in which the fat…
Hi Kim, I've read all of the replies you've posted on this thread, and thank you for providing all of us with more info on this issue. Full disclosure, I've obtained all of my legal "experience" from Law & Order reruns, but couldn't this be addressed by simply having a child-support clause included in the divorce decree, in which the father confirms paternity and commits to financial support for the (currently) unborn child?
Unfortunately, the bio-dad isn’t a party to the divorce. He can ask to be made a party but that usually requires counsel. Often, the bio-father wants nothing to do with the whole thing. Once the divorce is final the legal father (ex-husband) will be ordered to support a child who is not his. The court will not leave a child without a father and support.
My bad, I should have been clearer. I meant a situation with the current husband is the father of the child. I understand where you're coming from regarding the bio-dad not being the husband.
I think I see what you’re asking. As the laws are presently structured a husband IS the father, so a court is unlikely to add an unnecessary step just so the parties can be divorced sooner.
Divorces take so long that this is rarely an issue. Also, the only thing that cannot be granted is the divorce. Either party can file for divorce, obtain temporary orders, etc. An abused party can obtain a protective order even without filing for divorce. No one is required to live with someone just because they’re married to them.
A divorce will not be granted if a wife is pregnant. It will have to wait until after the child is born, and by law will contain provisions for contact and support. Support amounts are statutory in most states although there are also reasons for deviation in many instances. So, the husband doesn’t have to commit to anything. By being married to a pregnant woman the law commits him, even if she was pregnant when they met.
Hi Kim, I've read all of the replies you've posted on this thread, and thank you for providing all of us with more info on this issue. Full disclosure, I've obtained all of my legal "experience" from Law & Order reruns, but couldn't this be addressed by simply having a child-support clause included in the divorce decree, in which the father confirms paternity and commits to financial support for the (currently) unborn child?
Unfortunately, the bio-dad isn’t a party to the divorce. He can ask to be made a party but that usually requires counsel. Often, the bio-father wants nothing to do with the whole thing. Once the divorce is final the legal father (ex-husband) will be ordered to support a child who is not his. The court will not leave a child without a father and support.
My bad, I should have been clearer. I meant a situation with the current husband is the father of the child. I understand where you're coming from regarding the bio-dad not being the husband.
I think I see what you’re asking. As the laws are presently structured a husband IS the father, so a court is unlikely to add an unnecessary step just so the parties can be divorced sooner.
Divorces take so long that this is rarely an issue. Also, the only thing that cannot be granted is the divorce. Either party can file for divorce, obtain temporary orders, etc. An abused party can obtain a protective order even without filing for divorce. No one is required to live with someone just because they’re married to them.
A divorce will not be granted if a wife is pregnant. It will have to wait until after the child is born, and by law will contain provisions for contact and support. Support amounts are statutory in most states although there are also reasons for deviation in many instances. So, the husband doesn’t have to commit to anything. By being married to a pregnant woman the law commits him, even if she was pregnant when they met.
All of this has been very eye-opening. Thanks again for taking the time to reply to all of the posts and sharing all of this information.
Oh, you’re welcome.