Legal Question in Family Law in California

what should I do to protect myself in the event of having a baby with a still yet married man who's wife is threatning me/us and neither one has filed yet for 'said divorce' and I am undecided about baby's given last name and birth certificate father's name.What should I do to protect myself and my baby? Plus I am on disability and need to know if the baby needs my last name for benefits?

Asked on 11/24/10, 12:09 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The best protection is move out of town. He is not leaving his wife asnd if he does it will be for another woman. If he can cheat on his wife why do you expect him to not cheat on you? Love may be blind, but it does not have to be totally unrealistic. If he loved you he would have started divorce proceedings, and not risk the chance of getting another woman pregnant. I know you do not want to hear this, but that is indeed the best advice you can be given.

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Answered on 11/29/10, 8:05 pm

Tina Chen Law Office of Tina Chen

You need to file a paternity action requesting he pay child support and any pregnancy related costs. It doesn't matter if he's still married, if he is the father of your child, he is financially responsible. If his wife continues to threaten you, consider filing for a restraining order against her. As for the last name, it doesn't matter what your child's last name is for aid purposes. Good Luck.

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Answered on 12/01/10, 11:55 am

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