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New Member
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Mar 28, 2011, 10:09 AM
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Divorce, Unborn Child with Unknown Father
So my wife has been cheating on me and she decided that she wants to be with the man she is cheating with. She is pregnant and she got pregnant while we were married, but it might not be my child. So I guess I have a few questions to be answered, #1 Can I not sign the divorce papers until she gets a DNA test in the 8-13 week area of the pregnancy? #2 If it's not mine do I have to pay child support?
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Uber Member
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Mar 28, 2011, 10:21 AM
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A Physician has agreed to do DNA testing on the fetus? I'm surprised because it's a dangerous procedure. The Court will ask you/her if she's pregnant. If she says she is the Court will delay the divorce until the child is born and tested.
You need to consult with an Attorney. This varies by State.
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Junior Member
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Mar 28, 2011, 11:08 AM
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Are you thinking of the CVS sampling test they do for genetic problems, or an amnio? The amnio is never done before about 5 months; it carries some risk of a miscarriage and can't be done sooner. But, I'm certain you can't force her to have a test if she refuses. Then it requires waiting for the birth to get a DNA test which is safe, but which costs several hundred dollars and isn't covered by insurance.
You should consult with an attorney, because you would also need to make a plan for what to do if the child is ultimately yours.
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Uber Member
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Mar 28, 2011, 02:21 PM
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Originally Posted by summer_girl
Are you thinking of the CVS sampling test they do for genetic problems, or an amnio? The amnio is never done before about 5 months; it carries some risk of a miscarriage and can't be done sooner. But, I'm certain you can't force her to have a test if she refuses. Then it requires waiting for the birth to get a DNA test which is safe, but which costs several hundred dollars and isn't covered by insurance.
You should consult with an attorney, because you would also need to make a plan for what to do if the child is ultimately yours.
In utero DNA can be performed as early as 12 weeks. I see it requested by Court Order on a fairly frequent basis.
No, you can't force in utero testing. You can force DNA testing after the child is born. It doesn't cost hundred of dollars in my area. It must be done in a Court-recognized facility in order to be recognized by the Court.
OP needs to consult an Attorney NOW so he will be prepared for any/all test results.
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Ultra Member
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Mar 28, 2011, 05:55 PM
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In some states the husband of a pregnant woman is considered the putative (presumed) father of the child so what's involved depends on the laws where you are. However if someone else is established as the father, or you can prove it's not you, depending on the laws where you reside, you could be free from responsibility. You really need to talk to a family law attorney in your jurisdiction.
As for finalizing, it generally takes a while to get a divorce anyway, and you can certainly hold off pending the birth and establishment of paternity of the baby. You can separate in the meantime and can work on resolving other matters like the sale of your marital residence, division of assets and so on, and ask the court to reserve judgment on maintenance pending outcome of paternity testing on the child. Again, a lot depends on jurisdiction.
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Ultra Member
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Mar 29, 2011, 02:06 PM
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You really need to consult with a good divorce attorney NOW. He/She will guide you in the right direction to ensure that you aren't stuck paying child support for another man's baby.
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New Member
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Jun 29, 2012, 06:10 AM
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My brother's wife is pregnant by another guy. The pregnancy took place while they were still legally married. How does establish non parenthood. Is the cooperation of the biological father necessary?
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