Q: I want to file for divorce, and want to ensure my "husband" doesn't have any legal rights to my unborn child.
I am currently pregnant, and legally married, but my husband is not the father of the child. I want to file for divorce, but want to make sure that when I do so, he doesn't have any rights to this child. What steps do I need to take to ensure this?
A:
Your best bet, of course, is to consult with (and then hire) a good family law attorney to go over your situation in much greater detail. Feel free to contact me offsite if you'd like to do just that.
If he wants to fight for custody rights to your unborn child, he can -- but if the child isn't his, and a paternity test confirms it, then he'll have no grounds to seek custody so long as he's not listed as the father on the child-to-be's birth certificate. In addition, if you're seeking a simple divorce without property distribution, alimony, child custody, etc., and all other statutory requirements are met, you may even be able to obtain a divorce decree before the child is born (although that may be a very long shot at this point).
Best of luck to you.
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