Q: What if my husband wants to divorce before the baby is born? Would he always be the father?
A: In any divorce decree, there is usually a recitation in regard to children or that none are expected. If there is a child expected, that would usually be noted. No matter what, even if this were overlooked, you can always go to Family Court and bring on a paternity proceeding where he could be declared to be the father and pay child support.
A: The divorce doesn't necessarily effect his parentage. Especially if he signs the acknowledgement of paternity (allowing his name to go on the birth certificate), then he's the Father. Even so, generally a baby which is conceived during the marriage is presumed 'of the marriage" (this is what's called the "presumption of legitimacy." For more, contact a NYC Family Law Attorney.
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