"I'm doing what I have to in case she doesn't put him on the birth certificate,” Marroquin, 24, said of baby daddy Chris Lopez exclusively to Radar. “I'm talking to my attorney right now.”
Marroquin, who shares son Lincoln, 3, with Lowry, added, “I'm not worried about it!”
As Radar readers know, New York Attorney Brooke A. Camhi, who is not licensed in Delaware, confirmed to Radar that Delaware law states, “The ex-husband is presumed the father of a child if the child is born less than 300 days after the divorce.”
Marroquin told Radar in December 2016 that their divorce has been finalized. Lowry is currently seven months pregnant with her third child.
For Marroquin to not be recognized as the father of the child, he must file a valid denial of paternity with the Office of Vital Statistics.
In addition, Lopez must also file a valid acknowledgement of paternity to “discharge the presumed father from all rights and duties of a parent,” Statue 8-305 reads.
Lowry’s lawyer David J. Bever, Esq told Radar in a statement, “In Delaware law when a child is born within 300 days of the legal end of a marriage, if no party does anything for two years, the former husband will be considered the father of the child. All the mother of the child has to do is simply request that the Family Court determine paternity of the child pursuant to Chapter 8 if Title 13 of the Delaware Code to appropriately determine who is actually the father.”
Bever continued that if Marroquin and Lopez refuse to cooperate in signing the appropriate parentage documents required by law, that Lowry “will just request a hearing on paternity.”
“The Court will then order genetic testing to be done and the father, Chris Lopez, will be lawfully determined according to well-established Delaware law,” Bever said.
Although Marroquin has maintained a relationship with Lowry’s son Isaac, 7, from a previous relationship with Jo Rivera, he exclusively told Radar earlier this month that he “won’t have a relationship with the new baby.”
Lowry revealed that Lopez might not be involved in the child’s life either when she gives birth.
“I think I’m most worried about the changes ahead, but also that I will have this baby 24/7 by myself with no help,” Lowry wrote on her personal blog. “I’m going to be a single parent from the beginning!”
What do you think will happen? Tell us in the comments!
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