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    stuckin2's Avatar
    stuckin2 Posts: 1, Reputation: 1
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    #1

    Aug 25, 2006, 02:23 PM
    Divorce and unborn child
    My husband recently filed for divorce because he can not deal with the legal issues my first husband is putting us through. WE have a child that is due in December but he wants to give up his rights so I won't be in his life, but the catch is that he wants me to sign a consent decree stating that he is not the father of this child. I have been told this is not legal. But he says if I do not sign this decree that he will have Joint custody of my unborn child because in Arizona you can not sign up your right to pay child support. #1 How does the whole divorce/custody of an unborn child work, and #2 is there a fast easy way to have him give up his rights and sign off on child support?
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Aug 28, 2006, 07:06 PM
    As for #1, if the two of you were married at the time of conception then legally he is the father so for you to sign any decree stating otherwise is not an option. As for #2, he cannot sign off on child support as the child has a right to it and neither you nor he have the right to deny your child that. He can choose to exercise his rights to visitation and/or pursue custody or choose not to but he cannot choose not to pay support.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 28, 2006, 07:44 PM
    What he does not want is child support for the next 18 plus years and he wants to trick you and the child out of that money.

    Next he is a jerk, who cares what problems an ex is causing, if he really loved you he would have been glad to be there to help you.

    What you need to the best divorce and child support attorney you can get, and take this person to the cleaners for everything you can get.

    Don't sign anything without talking to your own attorney.
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