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Married But Pregnant WIth Fiance's Child?

My husband and I have chosen to get divorced, over a year ago. But, he is in Germany right now, and refuses to even request leave for any custody battles that have to do with our son. So the service member relief act saves him from any legal punishments. I was also told that because we are still married, when i give birth to this child, that this child is the "product of marriage" and my husbands name will be placed on the birth certificate until paternity is distinguished. I also have been told that until custody is established with our son that a legal separation cannot be put in place. are all of these statements true? Is there any way around it? I live in New York State. Please help =(

Update:

and to all of you, how about you shut up about your opinions. im not asking opinions, i was simply stating my situation. I AM A SOLDIER TOO. and just so you know, my husband cheated on me several times and i took him back every time, until i finally had enough. so none of you know the entire story and im not about to allow people to criticise me for my life, when im doing good for my life, and my husband would be granted leave if he brought the paperwork to his commander, but he REFUSES to do anything. he doesnt even call his son or see how is doing. didnt even get a phone call for his birthday. I was a good wife and im a great mother. so if you dont wanna answer the question, dont put your two sense in. thanks.

6 Answers

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  • 1 decade ago
    Favorite Answer

    Unsure of the legal process, but perhaps you have more than enough on your plate at the moment.

    To acquire a divorce doesn't seem an urgency for him to be granted a leave. So while you wait your baby's birth, perhaps you should strongly consider WHAT exactly your plan is, once your baby arrives.

    It seems only logical that a paternity test will be required. UNLESS your husband has been overseas for the period you acquired a fiance. In fact how exactly does a married woman acquire a fiance? ♥♥

  • 1 decade ago

    This kind of case came up recently on the Dr. Phil show and it seems your statements are true even though your case is different in some ways.

    My suggestion, therefore, is that you consult a legal Q&A web site. (There are one or two of them - URLs not known.) Other than that, a lawyer would be your best bet for consultation.

    But I'm pretty sure that when the baby is born, it will be a product of the marriage, if still married to your current husband.

  • 1 decade ago

    WOW i love how old women used this as a forum for their own values, instead of trying to help young girls in need like my sister. So let me respond in kind;

    1st "The Mrs." - What was the point of your answer besides drawing attention to yourself. You have given no helpful advice, and I do believe that I have lost IQ points just by reading your post.

    2nd "no1advice" - Perhaps you should trying reading the questing before answering. You write of "False information on legal documents...." which is what my sister is trying to avoid. Again if you had read the question you would know this. As for the Army protecting him no they won't, I'm not only in the Army myself, I'm also in the same unit as him. He has lied to everyone in his chain of command about this problem, and at any point could have requested emergency leave per AR 600-8-10 chapter 6, section 1, sub section f, to attempt to correct this problem over a year ago.

    And for everyone's information with the hopes of possibly receiving a constructive answer to this question. My sister was on birth control when she got pregnant, and as I'm sure we all now nothing is 100%. No one here is going to stop there lives for some lowlife that can't get his act together, and I nor our parents expected my sister too.

    If you have an answer to this question please post it, and I thank you. However if all your going to do is use this a place to bash someone with words that you would never have the fortitude to say to there face, than thank you, but no thank you.

    Source(s): www.nv.ngb.army.mil/hro/agr/ArmyLeave.pdf
  • 1 decade ago

    "Save's him". Right.

    Too bad you didn't choose a better direction in sleeping arrangements and get yourself on birth control pills to avoid this drama from unfolding.

    All he has to do is a DNA test my dear. No problem. You falsely place his name on the birth certificate I can only hope his lawyer buries your butt in court and you lose all custody due to your lying. This will not be hard to prove.

    >>>You can eliminate my answer on here but the truth will prevail. >>>>>> Due to the military they will protect HIM not you. So you better get your shittt together now. Tell the truth on who the daddy is. False information on legal documents will not look good to the judge in question here.

    Submit divorce papers and move on in life. Get your buttt on birth control. NOW.

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  • 1 decade ago

    I'm not sure, but it sounds like you need to put your son (and this baby) first and put your love life second.

  • 1 decade ago

    pls get help from the concern lawyers directly. i dont think any of the yahoo answerers would give u good solution. or seek help from service centres or help line for women. they will guide u better

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