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What''s his legal position re stbx new baby please?

  • strongerthanithought
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19 Mar 12 #318975 by strongerthanithought
Topic started by strongerthanithought
My partner''s stbx is pregnant (not his), they are still not divorced. Someone told (terrified) me that if they are still married when the baby is born it is legally his - can any of you lovely wikipeeps confirm this/put my mind at rest please??

Thanks

  • WhiteRose
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19 Mar 12 #318977 by WhiteRose
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Hi,

I don''t think the child will ever legally be his if he isn''t on the birth certificate, however there has been a similar thread here questioning whether this is a ''Child of the marriage'' and enters all sorts of questions re. financial split and statement of arrangements etc.

Sorry if I''m a little woolly - hopefully you''ll get a more meaningful response from a wise wiki ;)

WR

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19 Mar 12 #318980 by pixy
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There used to be a legal assumption that the husband was deemed to be the child''s father, because there was no other adequate test of paternity. I think DNA testing has changed that!

  • mumtoboys
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19 Mar 12 #319008 by mumtoboys
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interesting question...

it is possible to register the birth of a child without the father being present if you are still married. I guess it is this that you need to be looking out for (I did this 2 1/2 years ago although in my case, my stbx at the time was indeed the father!). The CSA would ask if he were on the birth certificate if she were to open a case for the child with them - he would need to immediately deny paternity and agree to DNA testing if this were to happen.

You need legal advice on what would happen if she started to argue the case for the child needing a roof over it''s head in Ancillary Relief proceedings. I think there are a few people around who have had this kind of experience - hopefully someone along soon to help you.

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19 Mar 12 #319009 by WhiteRose
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I''m presuming she is with the baby''s father and wants to register this chap as the father?

  • strongerthanithought
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19 Mar 12 #319014 by strongerthanithought
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Yes, she is with the father.
My partner has finally got the divorce rolling. I think he finally realised the gravity of the potential situation. My concern is that if the baby arrives before the divorce is finalised then this new baby will need to be included on the ''Statement of Arrangements for Children''. The Nisi states that the current 50:50 for their children together is agreed; would a new baby render this paperwork void?
Then there''s the financial side which has yet to be sorted - her reduced financial situation + increased need for accomodation etc etc....

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