[miaask]

Okay my cousin been battling a heavy divorce from his ex wife. They just had hearing last week finalize all. Now his ex lied to the courts about being pregnant with her new boyfriend baby. Did she commit crime?

[miaask]

This occur in the state of Ohio.

[Fr_Chuck]

Was she asked under oath if she was pregnant ? But if it is not husbands baby but a boyfriend baby, it really does not effect the divorce.

[J_9]

No crime was committed. In many states the husband will be considered the legal father until they are divorced for a certain number of days. In Tennessee it is 300 days.

A paternity test will have to be taken to change the name of the father on the birth certificate.

[miaask]

Was she asked under oath if she was pregnant ? but if it is not husbands baby but a boyfriend baby, it really does not effect the divorce.

Well the judge ask if she was pregnant and she said no. However she did not give the option for my cousin to relieve himself of parental duties and support. She lied.

[J_9]

It doesn't matter that she lied or not. The laws go by the date of delivery versus the date of ordered divorce. If she was delivered within a certain number of days after the divorce was ordered, the ex is the "legal" father until proven otherwise by a paternity test.

[Fr_Chuck]

Lying in divorce court is common, so even if they do, nothing will be done.

[miaask]

It doesn't matter that she lied or not. The laws go by the date of delivery versus the date of ordered divorce. If she was delivered within a certain number of days after the divorce was ordered, the ex is the "legal" father until proven otherwise by a paternity test.

So even if she just like 12 weeks
Pregnant and they just went to court last week?

[J_9]

So even if she just like 12 weeks
Pregnant and they just went to court last week?

Yes. The divorce has to be final for a certain number of days. In Tennessee it is 300 days. If the divorce is not final prior to that time, they husband is presumed to be the legal father until a DNA test is done.

[ScottGem]

Lets put it this way. At the birth, the mother may have the option to list the father on the birth certificate. If she doesn't have that option and the hospital lists the ex, then he will have to file to deny paternity. However, if she names the boyfriend and he signs an acknowledgement of paternity, then your cousin is not involved with the child. If the ex comes after your cousin for support, then he can ask that a paternity test be done to prove he isn't the father.

The main point here, is that even if she lied, unless she tries to get support for that child its really not your cousin's concern.

[J_9]

At the birth, the mother may have the option to list the father on the birth certificate.

Kind of incorrect. If the husband and wife were married during a certain period prior to the birth of the child, before the divorce was final, the husband is assumed the legal father of said child until a DNA test proves otherwise.

If the mother was married during said period prior to the finalization of the divorce, the husband will be listed on the birth certificate. There is no option if the marriage is not resolved prior to the state's specified time.

[ScottGem]

Kind of incorrect. If the husband and wife were married during a certain period of time prior to the birth of the child, before the divorce was final, the husband is assumed the legal father of said child until a DNA test proves otherwise.

Agreed, but will the hospital check? If a woman goes into a hospital and says she is not married or even says she is divorced. Will the hospital verify her status or check to see when she was divorced? I suspect they will not. And they will allow the woman to either leave the father blank or, if the bio father signs an acknowledgement of paternity, list that name as the father. Hospitals have enough to do then verify the marital status of mothers giving birth.