[ricktl1000r]

On July 7th 2009 I got married in las vegas after returning to Los Angles Ca two months later my wife felt she had made a mistake and that she did not want to continue a relationship with me after that I moved out through out all this time we have remained friendly although I knew that eventually I would have to get around to getting a divorce, she informed me at the beginning of this year (2010) that she became involved with another man and subsequently become pregnant by him what I would like to know is what if any legal obligations do I have towards my wife and her unborn child? I would like to what is right and not hurt anyone as I said I am still friends with my wife and am very supportive towards her please advise as to what legal recourse are available to me?

[Fr_Chuck]

Well depending on where she is living, if you are still married, legally the child will be yours and you will have to prove the child is not after the child is born,

Have you filed for divorce yet ?

[ricktl1000r]

No not yet and we both live in Los Angeles I am also concerned about what the father of the unborn baby will want to do about it?

[Fr_Chuck]

What do you mean, he will want most likely to be listed as father, he will want visitation or joint custody, the normal things a father will want, what he wants to do is not really your concern

[ricktl1000r]

If that is the case then why will I have to try and prove that I am not the father if he is willing to recognize the baby as his?

[Fr_Chuck]

Because until he does, and/or until you do, she can go to court to make you pay the child support, or the state will come after you, if she collects public assistance. It is easier to divorce and end the child issue now,

[ScottGem]

if that is the case then why will I have to try and prove that I am not the the father if he is willing to recognize the baby as his?

Because, according to CA law (as in most states) a child born to a married couple is considered to be the legal child of both partners. Legally you have to be listed on the birth certificate. The bio father will have to challenge that. If he doesn't want to be the father he can sneak away and leave you holding the bag.

[ricktl1000r]

I see so if I understand correctly what you are saying is that if I get a divorce before the child is born I will not be held legally responsible for the unborn child and will not be listed as the father when the child is born

[Fr_Chuck]

In the divorce she will have to state that you are not the father most likely, But that is the start

[ricktl1000r]

OK thank you very much you have been very helpful and I will begin the divorce proceedings

[cdad]

While your at it your going to need to file something on the child at the same time. You can't get a divorce in California with a pregnant wife. The child has to be born first before a divorce is granted.