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Married pregnant woman dies, fiance trying to prove paternity

On Behalf of | Jun 22, 2017 | Family Law

The scope of family law is vast. In some cases, the circumstances surrounding the issue are so out of the ordinary that nobody really knows how they will play out. One such case is ongoing in Texas right now. In this case, the father of a newborn is facing uncertainty as he begins his life a single father.

The issue with this case begins when the baby’s mother, who was still pregnant at the time, was involved in an accident. The accident was so bad that it led to her death. When she arrived at the hospital, doctors determined that the baby had to be delivered. This was one month prior to the woman’s due date. Eight days after the crash, the woman passed away. Her death started a domino effect that is ongoing.

When she passed away, the woman was still married to a man that she had left three years prior. She was pregnant with her new fiance’s baby. Because of the paternity laws, the woman’s husband is presumed to be the baby’s father.

Fortunately for the woman’s fiance and baby’s father, the woman’s husband has been cooperative thus far in the case. He signed the power of attorney for the baby over to the woman’s fiance and the baby was allowed to go home with the fiance. There is still more work to do for the man, but things seem to be going in his favor at this point.

The man who acknowledges that he is the baby’s father will have to have a DNA test. An emergency hearing has been set for Friday. The woman’s husband will need to deny paternity. Once everything is all set, if it goes in his favor, the woman’s fiance will be able to settle into his life as a single father of a daughter.

Source: Fox 4, “New dad in legal limbo after fiancée killed in crash,” June 20, 2017

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