Need some advice

excited_092011

Ok.....so my gf and I are expecting our first child in sept. We both have children from previous marriages. So I am very excited....but then there is a problem......my gf is still married to her daughters dad.....they haven't been together in over 3 yrs. Now with our baby soon coming I have been told that since they are still legaly married that the state would consider the child to be his.....is this really true?......she wants 2 get a divorce but is afraid too cuz the courts will force her to give him visitation with their daughter (long story about why that's not a good idea)

Rissalee7

I believe so google ur states laws

marriedwith_4

Not unless paternity is established. But each state laws r different. Like @rissalee7 said check ur state laws or even call a family attorney. They will usually offer free counseling

mom60511

A lot of states the husband is automatically consider the father. Then you have to go to court to get it

mom60511

Changed

LillieBug

Which state? I got a divorce when I was 3mo pregnant bc I was still married to my first husband who I hadn't seen in a long time. It is not legal in my state to get a divorce while pregnant and yes my ex would have been considered her father until a paternity test was done. After that my husband(her actual father) would have actually had to adopt his own biological daughter. Yes I lied and said I was not pregnant bc u couldn't tell i was since it was so early and I obviously knew beyond any doubt she was not my exs since we had been separated so long. I was not going to put my new family thru paternity tests and adoption paper work when we all knew who her father was.