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Tina
Tina, Lawyer
Category: Family Law
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Experience:  JD, 17 years legal experience including family law
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I live in Michigan and I am preparing to file for divorce.

Resolved Question:

I live in Michigan and I am preparing to file for divorce. I have found out that I am about one month pregnant. My question has two parts: Can I even proceed with the divorce if I'm pregnant and also, is it true that my ex-husband has to be listed on the birth certificate even if I will be marrying the baby's biological father and he wants to be listed. One other piece of information that may be relevent is that my husband had a vasectomy 8 yrs ago so there is no way he could be the baby's father.
Submitted: 3 years ago.
Category: Family Law
Expert:  Tina replied 3 years ago.

I am sorry to hear of your difficult situation and am working on your answer.


You cannot obtain the divorce if you are pregnant typically since MI law requires that you truthfully state that you are not pregnant.

There is a presumption under the law that your spouse is the father. In MI, unlike most states, this is a conclusive presumption and cannot be rebutted by evidence to the contrary. The absurd result is that your husband would typically be named as the legal father of the child.

You and the child's biological father will normally need to file a petition to terminate your husband's parental rights and adopt the baby after it is born. This is typically the only way for the biological father to replace your husband as the legal father on the birth certificate and any other vital records unfortunately.

Here is a link that summarizes MI law on this issue:

http://traversecityfamilylaw.com/Paternity1.htm


All the best to you.

Tina

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Customer: replied 3 years ago.

one last question on this....can my (ex)husband stop us from terminating his rights? Unfortunately....in an effort to "punish" me, him trying to is a definite possibility.

 

Thanks again for helping me with this

Expert:  Tina replied 3 years ago.
Yes. Since your husband will have legally protected parental rights to the child, he could oppose the petition to terminate. However, he would continue to be legally obligated to support the child in that case, so it is not a stance he would likely take for the short-term.

All the best to you!

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Tina, Lawyer
Category: Family Law
Satisfied Customers: 32620
Experience: JD, 17 years legal experience including family law
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JD, 17 years legal experience including family law