If I’m pregnant by1 manwhile legally married tobut separated from another, does the biological dad retain rights over my legal husband?

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If I’m pregnant by1 manwhile legally married tobut separated from another, does the biological dad retain rights over my legal husband?

I have been separated from my husband for 4 months currently. It was a bad marriage and we could have gotten an annulment except he viewed me as his property and would not sign papers. So I am waiting until enough time passes so I can file for a divorce. In the meantime I met another male and am now 5 weeks pregnant, I don’t want my legal husband to be named or have rights to this child because it is not his. Am I able to put the biological father on the birth certificate since he wants to take part in this baby’s life?

Asked on September 1, 2011 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I do not know what you are waiting for in the state of Georgia to file for divorce.  What do you mean "until enough time passes"?  Do you mean the 6 month residency requirement?  Either of yo can meet that.  Georgia has what is known as a no-fault divorce ground. To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse and that there is no hope of reconciliation. It is not necessary for both parties to agree the marriage is irretrievably broken. Also, it is not necessary to show that there was any fault or wrongdoing by either party.  Now, the general rule followed is that a child born to a legally married couple is viewed as a child of the marriage.  So it is doubtful that the father will be listed in the birth certificate.  But I am sure that it can be amended later on.  His rights to his child - and his obligations - are his rights under the law regardless of your marital status.  I think it is time you saw an attorney.  Good luck.


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