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2lostndazed · Aug 24, 2008, 07:01 PM

Ok Here is my situation. I found out my husband has been fooling around and telling everyone, with the exception of me, that he wants a divorce. I wasn't going to take the news sitting down so I gathered evidence against him, concerning the fooling around, and went to a lawyer. I wanted so much to not have a contested divorce so I have not confronted him and I am not charging him with adultery. I have filed for separation and am waiting to get my papers drawn up so I can present them to him. Here is where it gets confusing. I recently found out I am pregnant. The child is obviously his since I have been faithful. I am approximately 5 weeks along. I need to know 1. Does this entitle the child to support from the father, financial I mean. 2. Is there any way he can take the child from me. And 3. Does this even count as a divorce with children in the eyes of the law?

Also I am in VA if that helps any

J_9 · Aug 24, 2008, 07:06 PM

1) Yes, this entitles you to child support if he is the father.

2) He will not be able to take the child away from you initially unless you are proven unfit.

3) Divorce is divorce, with or without children.

Fr_Chuck · Aug 24, 2008, 07:13 PM

Divorcd is divorce if you are married, and not sure what or why you are being so "nice" you get him served the divorce papers, demand what you want, and he either signs it, or you fight,

Once the child is born, you file for custody, and child support. Mothers of infants will get custody unless they are proven unfit, he may get visistation.

cdad · Aug 24, 2008, 07:53 PM

Originally Posted by 2lostndazed

Ok Here is my situation. I found out my husband has been fooling around and telling everyone, with the exception of me, that he wants a divorce. I wasn't going to take the news sitting down so I gathered evidence against him, concerning the fooling around, and went to a lawyer. I wanted so much to not have a contested divorce so I have not confronted him and I am not charging him with adultery. I have filed for separation and am waiting to get my papers drawn up so I can present them to him. Here is where it gets confusing. I recently found out I am pregnant. The child is obviously his since I have been faithful. I am approximately 5 weeks along. I need to know 1. Does this entitle the child to support from the father, financial I mean. 2. Is there any way he can take the child from me. and 3. Does this even count as a divorce with children in the eyes of the law?

Also I am in VA if that helps any

1) the answer is no. It is up to both parents to support the child in an equal and fair fashion. Does that mean he might have to pay child support.. yes but that's also going to depend on the custody arrangement.
2) yes there are ways but for the most part if your not doing bad things then its not a likely situation.
3) currently there are no children. Quite frankly you don't know if your pregnant or not. Many things can trigger a false positive and your very early on. ( not saying you aren't in any way Im just stating that its possible.)

This site might help in your research.

Virginia Divorce Law

Good luck

stinawords · Aug 24, 2008, 08:19 PM

I completely agree with the other posters that yes the father would have to pay support to help you raise your child but as calif pointed out you have to do your part too (not that you wouldn't but I have run into that too many times not to address it). While I'm not sure if VA does the same I know in Indiana and a few other states that I know for sure, the judge will not grant the divorce until after the child is born (if of course they know that you are pregnant which at this point they wouldn't unless someone tells the judge).