Ask Me Help Desk - Custody/parental rights when birth of baby

Hi thank you for taking time to read this and would really appreciate some feedback on this subject.I separated from my husband and meet an old flame and got pregnant I am happy about this.But I got back with husband who wants to bring the baby up,and we can financially support a child.And have had some counselling to overcome issues etc however my ex who has 2 children and is lone parent.Is threatening to cause problems when the bay is born as his child.Now he can't support a child and lives 300 miles away from me.I want to just have my baby with my husband and be happy but my ex is trying to be nasty by saying "no one will call my child son/daughter".Any legal; advice whether he has any rights/or say about this pregnancy,and when born can I put baby in husbands name? As I wouldn't deny the child of not knowing who his dad is.But my ex is being very childish about all of this...

Thnak you and am based in UK.

Contact a solictor! Not sure what the laws are in the UK, but in the US, the bio father could file a petition in Family Court to have him legally declared the father. He would have to submit to a paternity test first. If its determined he is the father, he can force his name on the birth certificate. Of course this opens him up for child support.

Quote:

Originally Posted by adele222

Hi thank you for taking time to read this and would really appreciate some feedback on this subject.I separated from my husband and meet an old flame and got pregnant i am happy about this.But i got back with husband who wants to bring the baby up,and we can financially support a child.And have had some counselling to overcome issues etc however my ex who has 2 children and is lone parent.Is threatening to cause problems when the bay is born as his child.Now he can't support a child and lives 300 miles away from me.I want to just have my baby with my husband and be happy but my ex is trying to be nasty by saying "no one will call my child son/daughter".Any legal; advice whether he has any rights/or say about this pregnancy,and when born can i put baby in husbands name?.As i wouldnt deny the child of not knowing who his dad is.But my ex is being very childish about all of this....

Thnak you and and am based in UK.

Wants to be daddy.. I meant in above comment oppsss

In the US, if he challenges the birth certificate and can prove paternity, then he can. If your husband signs the because and it isn't challenged for a period (depending on jurisdiction) then your husband would be the legal father even if a paternity test proves otherwise.

But, if he does mount a legal challenge to what's on the because, you can counter with a suit for Child Support.

[QUOTE=adele222]Hi thank you for taking time to read this and would really appreciate some feedback on this subject.I separated from my husband and meet an old flame and got pregnant I am happy about this.But I got back with husband who wants to bring the baby up,and we can financially support a child.And have had some counselling to overcome issues etc however my ex who has 2 children and is lone parent.Is threatening to cause problems when the bay is born as his child.Now he can't support a child and lives 300 miles away from me.I want to just have my baby with my husband and be happy but my ex is trying to be nasty by saying "no one will call my child son/daughter".Any legal; advice whether he has any rights/or say about this pregnancy,and when born can I put baby in husbands name? As I wouldn't deny the child of not knowing who his dad is.But my ex is being very childish about all of this...

The father has a right to be tested, legally declared the father, obtain visitation rights and SUPPORT THE CHILD - UK included. From what I have researched it appears that your boyfriend has no rights concerning the pregnancy and, in fact, has no rights concerning the child until paternity testing is done. If he IS the father he has the same rights as any other unwed father, despite the fact that you are married. You cannot keep him out of the child's life and (assuming "putting the baby in your husband's name" means putting your husband on the birth certificate) you would be filing a false document which is a crime because it would appear that identity of the father is known to you (and your husband and your boyfriend).

You cannot determine whether he can or cannot support the child - that is up to the Court.

HOWEVER - your boyfriend would have to move in Court to get any of this accomplished. Probably better now than later - you don't want him showing up in 10 years and introducing himself to your child or causing problems.