This sounds ridiculous. It is ridiculous.
I'll start off by saying I'm a cis gender female. My ex is also a cis gender female. We separated about two months ago. State law says we can't even begin file for divorce until next July. She texted me today to tell me that she's 6 weeks pregnant. She's due in like June. We will still be married when her baby arrives.
I know from a friend's past experience that the mother's spouse's name automatically goes on the birth certificate here, whether he's actually the father or not, as long as they're still married on paper. My friend had to go through a paternity test to prove the baby wasn't his, and his lawyer said if the baby's real dad didn't step up that he might still be on the hook for child support. Because apparently the state doesn't care who the baby's actual dad is, as long as there's a second party to financially look after the kid. Luckily, in my buddy's case, the baby's father went through the process to be recognized as the real dad so my friend could be removed from the birth certificate. My ex says she doesn't know who the dad is. So basically, I think I'm screwed.
There is no way in hell this child is mine, but I can't divorce my ex in time to avoid it defaulting to me.. I'm meeting with my lawyer on Tuesday but like, really, this can't happen right? I feel like common sense says it isn't my baby so I shouldn't be responsible but the laws (as I know them) say otherwise. I guess the advice I want is what to realistically expect? Are there other cases like this? Or am I boned and doomed to play mommy #2 to a kid that isn't mine?
tardersauced on October 21st, 2018 at 15:16 UTC »
Everyone misses an important detail about paternity of children born during a marriage.... it is only a presumption of paternity. You can rebut the presumption (quite easily, I'd imagine, if you are a woman). The problem comes if you wait too long to disclaim paternity. But in this situation, it will be super easy for the wife during divorce proceedings to rebut the paternity presumption and not be on the hook.
FluffyMcN0tter on October 21st, 2018 at 08:53 UTC »
Let's see...they separated in July. LAOPs soon to be ex wife is due in June. Can we count back?
If we assume she is due June 30th, then that means she's 4 weeks pregnant right now.
That is pretty damn early to be telling people that your pregnant (not that people don't do that).
But it's definitely early to be telling an ex, who you know isn't the father.
Now, for speculation: part of the reason for deciding to separate was because of one's desire for children and the other's lack of desire.
Doesn't matter which was which.
LAOP wants kids, boom, here's one. LAOP didn't want kids? Look! Baby! Change your mind!
Should be an interesting deposition for the divorce. NC is one of the only states that still has alienation of affection on the books...
Edit: spelling is hard
SolPope on October 21st, 2018 at 08:31 UTC »
"Well, this is r/legaladvice not r/postulatewhymyexwifeisawhore so I couldn't tell ya."
I lost it