Advice for friend who is married and doesn't want to list husband as their child's father.?

A friend of mine wants to begin divorce proceedings and she is 7 months pregnant. Even if her husband shows up for the delivery and stuff, is she required to list him as the baby's father if they are still legally married and living together? She doesn't want to have to explain things to the child later. I don't even know where to begin to tell her to look for answers. Please help!!Advice for friend who is married and doesn't want to list husband as their child's father.?
Generally it is assumed her husband is the father because they are married. I'm not sure if she has to list him or not. I'm not sure why it would matter if she does or not, it doesn't change the fact that he is the father legally and he will still have all the same rights regardless of his name being on the birth certificate. Some day the child may want to look for his/her father and having his name would make it an easier start. Just because things are bad now, doesn't mean they will be forever.Advice for friend who is married and doesn't want to list husband as their child's father.?
It depends who she lists on the birth certificate.





In Virginia, you can leave it as unknown and then when they get divorced, if he wants to be known as the father, he would ask for a DNA test to be done. It seems to be the trend up here for women to list the baby as unknown so that they are able to collect more assistance from the state.





In TN, regardless of who the father is, the state will list the husband as the father.





Look up the law in your state.
So...she wants to start out her child's life with a big fat lie. Her child surely will not resent her later in life...will he?
dose she want child support?
Advise her to place on the birth certificate the name of the man who impregnated her. If that man is her husband, she should list him. If it is someone else, she should list the other name. If she does anything else, she is doing her child a gross disservice.
Who does she want to list? Seriously, it's best to be honest about it. Regardless of whether he's a jerk or not, he's the father and the child has a right to know. It's only fair.That said, it doesn't mean that he has to be a part of the child's life if he's cruel or in some way unfit.
There are two legal issues here.





FIrst, Paternity fraud. If she does NOT tell him and allows him to sign the Acknowledgement of Paternity and the child is NOT his, he can not only disavow the paternity and the execution of the AOP, but may have grounds for a civil suit aside from the divorce proceedings.





Second, she won't be ALLOWED under law to not list the child in the divorce. The divorce won't happen until the child is born and by that time, if she lies in the court papers by attesting to the fact that 'there are no children of the marriage' she faces criminal contempt and perjury charges.





By law, the child is a product of the marriage, regardless of whether or not the husband is the biological father. Therefore, unless she so stipulates in the divorce decree that there are no children of the marriage and explains to the court why she has so stipulated, the child has a legal father.





I would STRONLY suggest she tell the husband it MAY not be his and to have a paternity test done before any divorce proceedings have begun. Otherwise, she puts herself in a very precarious legal position.
I'm not sure where you are located, but in the state of Michigan, the judge will not sign a judgement of divorce until the husband is proved to be the father through dna testing or he accepts the child as his. I believe in most states the husband is automatically assumed the father unless proven otherwise. What she has to remember is that when that child grows up, he/she is going to wonder who their father is. She will eventually have to explain what happened. My advice would be to seek answers from an attorney. They would be most equipped to answer this question.