Your Girlfriend Is Pregnant, and Neither of You Is Divorced

So your girlfriend is pregnant, but she is married. She insists that the baby is yours, and you want to be recognized as the child’s father. If so, we will need to take some swift legal action here in Bucks County.

When a married woman becomes pregnant, the law assumes that the biological father of the child is her husband. If you believe you are the biological father and want to claim rights over the child, you will have to file a paternity action in family court. The court will order genetic testing of the mother, you, and the child when born.

Usually, the husband will not fight this action, since being recognized by law as the father of the child carries with it the responsibility to care for and support the child. If the couple is getting divorced, he will usually not want to pay for child support for a child who may not be his.

However, this is not always the case. The husband may be convinced that he is the father, may really want to have a child, and may fight the paternity action. He may even try to reconcile with his wife or promise to take better care of the child than you could.

In some cases, the court may even decide that it is not in the best interest of the child to establish paternity. This is more likely to happen if the baby is born and has established a paternal relationship with the mother’s husband; however, it can also happen if there are concerns about the behavior of the man who is claiming paternal rights.

Often, filing a paternity action will halt the divorce proceedings until the baby is born and paternity can be established. This makes sense because if it turns out that you are the father, the husband will not have to pay child support.

As you can see, these situations can be complex. You need the help of experienced divorce attorneys who can quickly assess the situation, determine any possible obstacles to your paternal rights, and proceed with the paternity action in a manner that eliminates or significantly decreases the possibility of complications.

If you are also married and planning on getting a divorce, the fact that you are claiming fatherhood of another woman’s child will complicate your divorce process, as well.

Don’t delay. If you’re in PA or NJ, contact our team of experts at Karen Ann Ulmer, P.C., (866) 349-4721 for a confidential consultation to protect your paternal rights and provide you with the best representation for your divorce.