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Quick question, in a situation and need some advice. *please no bashing, please*

Posted by on Apr. 25, 2012 at 8:21 PM
  • 17 Replies

My husband and i seperated a year ago after 3 1/2 years of marriage. We fought a lot and he was controlling and it just wasn't a good situation and i was over it. Also we have 2 boys together. Well we are going through the divorce process but it hasn't been finalized cause were having difficulty coming up with a good shared custody parenting plan. Well i met a man about a year ago, hes so wonderful and i couldn't stay away from him, we fell in love fast so we were dating. I am 5 months pregnant with his baby while still going through this divorce and i'm afraid the baby will be born before the divorce is finalized. From what i have heard the baby will be considered my husbands since we are still married, and will have to take his last name and that i will have to go to court and all to get her last name changed to my boyfriends last name and to recognize her legally as his.  I live in Tennessee, i can't find anything about the laws on this situation just hear say from ppl who are sort of guessing what would happen. If anybody knows and can enlighten me i would greatly appreciate it. Please dont bash i already get enough of that and i realize i'm a terrible monster and all for this but life goes on so i'm just doing what i can to make it and trying to make things right.

by on Apr. 25, 2012 at 8:21 PM
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Replies (1-10):
.Diddles.
by on Apr. 25, 2012 at 8:23 PM
1 mom liked this
I thought as long as her real father's name is on the birth certificate then she can have his last name.

I hope you find your answers :)
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peanutsmommy1
by on Apr. 25, 2012 at 8:32 PM
Your soon to be ex would have to relinquish custody before your current boyfriend could step in legally
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tennisgal
by on Apr. 25, 2012 at 8:34 PM

That just doesn't sound right when a paternity test can clearly show proof positive that baby isn't your DH. 

strictmomhere
by on Apr. 25, 2012 at 8:34 PM
Just have her dad sighn the birth certificat
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Kiwismommy19
by Diamond Member on Apr. 25, 2012 at 8:38 PM

http://paternity.uslegal.com/paternity-laws/tennessee-paternity-law/

Here's a link to the following:

(a)  A man is rebuttably presumed to be the father of a child if:

(1) The man and the child’s mother are married or have been married to each other and the child is born during the marriage or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

Kiwismommy19
by Diamond Member on Apr. 25, 2012 at 8:40 PM

I've heard it's like that in several states. The best thing you could do though would be to contact a lawyer and get a professional opinion.

peanutsmommy1
by on Apr. 25, 2012 at 8:42 PM
Yep, that is the case in michigan, if a child is concieved during a marriage, the husband is automatically the father in the eyes of the law

Quoting Kiwismommy19:

I've heard it's like that in several states. The best thing you could do though would be to contact a lawyer and get a professional opinion.

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Rjohnson6708
by on Apr. 25, 2012 at 8:48 PM

I have a lawyer but he hasn't really told me the answer to this question. He kind of seems to either not know or just doesn't want to tell me. Idk i think hes a cruddy lawyer lol

Quoting Kiwismommy19:

I've heard it's like that in several states. The best thing you could do though would be to contact a lawyer and get a professional opinion.


squeakersmama
by on Apr. 25, 2012 at 10:25 PM
My brother was born before my parents divorce was final. My mom just had to sign something saying that there was no chance that my bio father could be the father of my bro. I seem to remember seeing that on the paper work for dd's birth cert.
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Mrs.Luff
by on Apr. 25, 2012 at 10:32 PM
I had the same situation, my ex had to sign papers saying he's not the dad and the bf sign saying he is. Unless your married the baby won't have his last name. Its a stupid process, it wasn't my fault it took the state 2 years to finalse my divorcee.


Quoting Kiwismommy19:

http://paternity.uslegal.com/paternity-laws/tennessee-paternity-law/

Here's a link to the following:

(a)  A man is rebuttably presumed to be the father of a child if:


(1) The man and the child’s mother are married or have
been married to each other and the child is born during the marriage or
within three hundred (300) days after the marriage is terminated by
death, annulment, declaration of invalidity, or divorce;


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