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msladonnak · Jun 7, 2007, 01:44 AM

I know that this question is asked many times over in different situations. My daughter is 17 weeks pregnant. Her and her husband have never lived together. He has decided that he now wants a divorce and does not want to have anything to do with the child. His grandparents have hired an attorney and the attorney has advised him to not speak to my daughter. This info is coming from a very good friend. We live in the state of Oklahoma. I am wondering if he will be able to file for the divorce and it be granted while she is pregnant or if they will wait until paternity is established first. Am I to understand that he may give up his rights but that it won't make him not responsible for paying child support and making sure that the child is taken care of? What sense does it make for a person to do this if they have to provide for the child anyway? To me, it just seems cruel to that child.

Squiffy · Jun 7, 2007, 02:02 AM

I would say he is doing it just to be spiteful, for whatever reason. He will still have to pay child support for that baby, whether he likes it or not, and may even still have to pay support to his wife (if the child is his, obviously!) Unless she remarries or a new partner adopts the child, he will be responsible for it, whether he wishes to play a role in the child's life or not. It is very hard to get away without being ordered to pay support, it can be done (I did it, but that was because my husband was violent and was not allowed to see the kids or pay toward them) but without a very good valid reason, he will be paying for that baby for the next 18 years!

Fr_Chuck · Jun 7, 2007, 05:38 AM

Yes, he may file and get a divorce while she is pregnant, a divorce has nothing to do with child custody or support. It merely is a government court order about the marriage, where property settlement, any alimony will be discussed.

She needs an attorney NOW. She can ask for support while she is pregnant, to be keep on his insurance ( if she is) till baby is born and more.

As for the custody, once the baby is born, she will need to file for full cusotdy of the baby,and file against him for child support.
He can give up his rights, he can deny being the father, she will then file for a DNA test, prove he is the father, and still demand child support.

But today, right now, she needs an attorney before he walks out and leaves here without a penny.