My ex wife and I are due to be divorced at the end of October. During our separation, she became pregnant with another mans child. This man is no longer in the picture, and while I have no ill will towards the baby I do not want to be named as the father on the birth certificate, which she states she “has” to do since she will still be technically married to me. I have been researching and contacting professionals and have learned that she does not have to name me at all. I know that I am presumed to be the father up til 300 days after our divorce is finalized. She doesn’t have to name anybody! What are my rights regarding this situation? I believe she is doing this to make sure she gets her health coverage. We have a son together, and while our current custody agreement states that I can have him every other weekend, she has been allowing me to have him for one week out of the month ( I am a Marine and currently stationed in VA so this allows me to actually bond with my son). I am appreciative of this, however every time she gets upset she threatens to take my weeks away. I need some advice! I have realized now that even if she does name me as the father, its not the end of the world. Paternity test and its done. But I’m tired of her having control over the time I spend with my son. I don’t want to fight her in court. I drive every other weekend 5 hours one way to see my son. He is what this is all about. It’s not fair to him to have her threatening me and taking away time that (for now at 3yrs old) he enjoys coming to see daddy. That hurts him too, and I don’t want her to have that power anymore. She’s 8 months pregnant, as long as she’s not late she will have this baby before the divorce is finalized. Does Tricare health insurance cover her having a baby that is not mine? What actions should I take with my pending divorce? Is she committing health insurance fraud? Fraud of a birth certificate? Please HELP
You will need to institute a paternity action as soon as the baby is born to have a court determine that you are not the father.
As for the visitation with your son you can make a motion to modify custody based on the fact that you and your son have been spending so much more time together, and that continuing that schedule will be in his best interests.
If your wife is still on your insurance she will be covered, it is not fraud in that she is still on the policy.