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

UPDATED: Sep 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 1, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption