Last week, we reported that Javi Marroquin could actually be legally forced to help raise Kailyn Lowry’s baby by Chris Lopez.
An arcane law that’s still on the books in Delaware – where both Kail and Javi are residents – states that in cases where a couple has been divorced for less than 300 days, the ex-husband will be considered the “presumed father” unless steps are taken to indicate that otherwise.
That means that unless Kailyn puts down someone else’s name on the birth certificate (leaving the “father” space blank will not help Javi) and Lopez files a denial of paternity with the Delaware Office of Vital Statistics, Javi is legally the dad.
Needless to say, Marroquin is less than thrilled by the situation.
His divorce from Kailyn was a messy one, and the only thing harder than raising a kid with an ex you don’t get along with is raising someone else’s kid with an ex you don’t get along with.
Fortunately, Javi is making moves to ensure that he doesn’t get roped back into Kailyn’s life any more than he already is.
“I’m doing what I have to in case she doesn’t put him on [the birth certificate],” Javi said in a recent interview with Radar Online.
“I’m talking to my attorney right now.”
The good news for Javi is that it doesn’t look like he’ll receive any push-back from Kailyn.
Attorneys for the soon-to-be mom-of-three issued a statement to Radar explaining her stance on the paternity issue:
“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,” the statement reads.
“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.”
The attorney added that if Lopez doesn’t consent to his being legally deemed the father, than Kailyn will simply request a paternity hearing.
“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.”
In other words, Javi will almost certainly be off the hook in the eyes of the state.
But Kailyn’s legal woes might just be getting started.
Watch Teen Mom 2 online to relive the rocky road that led Ms. Lowry to her current state.