Kailyn Lowry is taking action to ensure her baby daddy Chris Lopez owns up to his responsibilities! After RadarOnline.com revealed that Javi Marroquin is presumed the father of her unborn child because of a Delaware law, Lowry’s lawyer exclusively told Radar that a DNA test might be taken to determine paternity!
New York Attorney Brooke A. Camhi, who is not licensed in Delaware, confirmed to Radar, “Delaware law states that the ex-husband is presumed the father of a child if the child is born less than 300 days after the divorce.”
For Marroquin, 24, to not be recognized as the father of her child, he must file a valid denial of paternity with the Office of Vital Statistics. In addition, Lopez must file a valid acknowledgement of paternity to “discharge the presumed father from all rights and duties of a parent,” Statute 8-305 reads.
Marroquin confirmed to Radar that he has not filed a valid denial of paternity with the Office of Vital Statistics.
Marroquin, who shares son Lincoln, 3, with Lowry, 25, told Radar in December 2016 that their divorce has been finalized. Lowry is currently seven months pregnant with her third child.
Lowry’s Attorney David J. Bever, Esq exclusively 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 refused 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 on her blog 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!”
The pregnancy came as a betrayal for Marroquin, as Lowry refusing to have more children contributed to their divorce. The MTV couple was married from 2012 to 2016.
Do you think Marroquin and Lopez will cooperate? Tell us in the comments!
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