Ghanaian not yet Divorce but want to Kid with another Man in Czech Republic

18 posts in this topic

Hello everyone,

I am new on this forum and I need your all candid help, advice and suggestions to solve my issue.

I am married to a German citizen for over 4 years now. And I am from Ghana, got my German citizenship too in September this year (2020).

I am no longer interested in this marriage because my husband dont want kids and he never said this before we got married.

Now I found another man (Currently living and working in Czech Republic) who want to have kids with me and want us to live together under one roof, means I will relocate to Czech Republic and live with him and have kids there.

Based on German law "If I have kid with another man while I am still married, Paternity will be automatically be given to my current married man" and I don't want that because it is not his kid.

I really want to get pregnant and have my own kid before this time of next year.

I need help on what to do in other to avoid this before divorce is apply for. Before divorce can be file, need to be separated for a year from each other and I can't wait for another year before having baby.

Am open to all advice, help and suggestions.

Thank you all in advance!

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https://www.smartlaw.de/rechtstipps/familie-vorsorge/nicht-eheliche-kinder-vaterschaft-sorgerecht-unterhalt

Quote

The mother gets a divorce

There are two possibilities here:

    The child was born during the divorce proceedings

    In this case the child is in principle a child born in wedlock. If it is to be recognized by the natural father, however, it is no longer necessary to wait for the challenge of paternity by the husband (§ 1599 paragraph 2 BGB). It is sufficient if the father recognizes the paternity within one year after the divorce of the marriage.

    If he wants to, he can do this before the birth according to § 1594 Abs. 4 BGB. Then the paternity is initially pendingly ineffective and becomes effective with the legal force of the divorce decree. However, the ex-husband and the mother must agree. This prevents the child from having two fathers temporarily in the legal sense (BGH, decision of 11.2.2004, XII ZB 158/02, NJW 2004 p. 1595).


Translated with www.DeepL.com/Translator (free version)

 

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1 hour ago, Inselkid said:



I am no longer interested in this marriage because I now have a German passport

 

That's what I read.

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According to https://www.scheidung.de/scheidungsnews/kind-mit-neuem-partner-trotz-laufender-scheidung-was-sie-wissen-muessen.html you can apply for the divorce even before the separation year ends, especially if you are pregnant by another man.  This would make the change of legal paternity easier.  Since your soon to be ex is not interested in having children and probably less so to take responsibility for other peoples children, I think he would be willing to do what it takes to correct paternity.

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I cannot understand how anyone  who is not in a stable situation be it with a husband or wife or workwise can even think about bringing a child into such a chaos. Every child deserves a stable family life.

 

As Frau Fruit pointed out what if your current boyfriend is not what he seems to be. 

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Why the hurry to get pregnant with the other guy?

You've been married to your current husband for 4 years now. It's taken you 4 years to find out he doesn't want kids...

 

I'm not saying people are jumping to the right conclusion here, but it sound very suspect (you suddenly find out he doesn't want kids after 4 years of marriage and 2 months after gaining citizenship).

Taking you at your word, I'd suggest going to see a solicitor specialized in family law. You'll most likely need one for the divorce anyway.

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6 hours ago, Inselkid said:

Now I found another man (Currently living and working in Czech Republic) who want to have kids with me

 

Have you met this man? Been with him? Are you in love with him? 

 

 

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6 hours ago, Inselkid said:

I really want to get pregnant and have my own kid before this time of next year.

In one year? I'm no expert, but that's really not giving yourself much time. Are you sure you and your Czechmate have both got the gumption to get things going within the next three months?

Potentially waiting a year (or more) to get your life sorted prior to starting a life long commitment to a dependent human being could be worth considering: time to split from your husband, and time to find and perhaps even get to know a new partner. A baby isn't just for Christmas (couldn't resist).

   

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1 hour ago, fraufruit said:

 

Have you met this man? Been with him? Are you in love with him? 

 

 

Yes, have met him and we are both in love too.

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1 hour ago, cb6dba said:

You've been married to your current husband for 4 years now. It's taken you 4 years to find out he doesn't want kids..

Yeah, after much talk about it. He voice out that he doesn't want.

 

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1 hour ago, cb6dba said:

I'm not saying people are jumping to the right conclusion here, but it sound very suspect (you suddenly find out he doesn't want kids after 4 years of marriage and 2 months after gaining citizenship).

It sound suspicious to you because I gain citizenship?

 

My living with him on a force hope of having kids doesn't sound suspicious to you?

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3 hours ago, LeonG said:

According to https://www.scheidung.de/scheidungsnews/kind-mit-neuem-partner-trotz-laufender-scheidung-was-sie-wissen-muessen.html you can apply for the divorce even before the separation year ends, especially if you are pregnant by another man.  This would make the change of legal paternity easier.  Since your soon to be ex is not interested in having children and probably less so to take responsibility for other peoples children, I think he would be willing to do what it takes to correct paternity.

Thanks for your help.

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8 hours ago, fraufruit said:

What happens if the Czech guy is shooting blanks?

 

I trust a third party can step in and fill in the blanks (pun intended).

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And your new partner is of Czech nationality? Meaning that in long term you might want to change your nationality again?

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1 hour ago, Wherearewegoingto said:

And your new partner is of Czech nationality? Meaning that in long term you might want to change your nationality again?

 

She wouldn't have to change it.  She could go dual, German and Czech

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