My son is getting a divorce?

JennT

Depends on state laws. In my state, if you haven't been divorced for a year and are pregnant, the ex husband automatically goes on the birth certificate unless you can prove paternity otherwise. They then wait until paternity is settled and hold the issuing of the birth certificate. Every state is different and she could very well lie about paternity. He should take her to court and have his rights settled now before she even has this kid to put her in her place right away. He might should order a court ordered paternity test as this child is his also. Unfortunately, unless you fight for some kind of custody, the only rights grandparents have to see their grandchildren are through their kids.

donotbuyakia

She doesn't have to put anything on the birth certificate, and she can give it any last name she chooses. Why would you need to fight for visitation? That's your son's job. You can see the child when he has her for visitation.

ricky

Sounds like a typical divorce. You need to talk to a lawyer.

Anya D

it depends on how angry she is. the right thing to do is 1) put his name on the birth certificate and 2) allow him visitaiton (and you as a result.) if she wants to however, she can be difficult about it and not put his name on the birth certificate, thus making him have to prove fatherhood through a DNA test. and go through the legal channels to prove he is the father, and then prove he deserves visitation.

i know in some states grandparents have legal rights, but in some they don't. i'd look up what your specific state mandates. also- see if your son can talk to a good lawyer who specializes in father's rights now. just so he knows what to do and what not to do to make things as easy for you as possible. maybe the lawyer can even get the ball rolling to move towards a visitation schedule so the mother gets used to it and calms down a bit. good luck!

Jenn

I DONT KNOW ABOUT NOW BUT USE TO COUPLES COULDNT GET A DIVORCE IF THE WIFE WAS PREG. ALSO NO THEY DONT HAVE TO PUT THE FATHERS NAME ON THE BIRTH CERT. BUT YES YOU CAN FIGHT FOR VISITATION I DONT KNOW IF IT WOULD DO YOU ANY GOOD SINCE SHE IS THE MOTHER BUT YES YOU CAN.

mommybee

if she is still legally married to him then she doesnt have to have him sign the birth certificate.lf she signs the birthcertificate using his last name, in the eyes of the law the baby is automatically his...unless she proves otherwise...the first step would be for your son to fight fo legal custody..what usually happens is the court will opt for a DNA test and even mandate him to give her child support..She has no RIGHT to tell your son he cant see the baby...tell him to contact family court...they will direct him,,.,as far as you guys seeing her....the first step begins with your son...However there is such thing as Grandparent rights in some states...

CindyLu

I am so sorry but there is very little you can do as the grandparents. Your son can sue for visitation if he is proved to be the father. She can name the baby what she wants to name it.

You need to prepare to let this child go. There is the chance that it is not your grand child and there is every reason to believe that you will not be a part of this child's life. IF you are a part of it it is only going to come through much legal battling and the relationship will be touch and go as you will have earned the everlasting animosity of the mother. This does not bode well for you dreams of being grandparents. Hard as it may be and unfair too, it might be best for the hearts of all concerned if you begin to let it go.

Sarah

They will not have to establish paternity since they are married. Most (I think all) states won't let you get divorced if the wife is pregnant. So it shouldn't "finalize" until after baby's born. But even if they are divorced, the child is assumed to be the husbands by court if he/she is born within 300 days of the divorce. As for the name, she can put Santa Claus on it if she wants to. She does not have to put her husbands name on the birth certificate. As for grandparents rights, you can always hire an attorney and try to get some visitation...Its not much though. It is always easier if everyone can just keep the peace, but I also realize that is not feasible in some cases.

TSW

Grand parents have rights.
Prove that ether or both of the children are his and everyone has rights. they can be court ordered.

court court

she gets to choose the babys last name.. :( which is sad. but yes you do get rights to see the child everyother weekend. you should try to patch things up with her as u are the childs grandparents. and the father of the child can fight for 50 50 custody and then yall can see the child from thursday to sunday like my husband does with his son

verdie k

no shes does have to put his name anywhere,and you are grandparents you wont have anything to go with her decision its all the fathers i mean unless his death, but she really can do whatever she wants he don't have to be there. she cant move out of state when she have the baby unless he consent to it. but women get away with alot of things these days but if there still married and just separate its diffrents but single women do it by themselves all the time

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