Can my husband try to take my son away if I’m pregnant with another man’s baby?

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Can my husband try to take my son away if I’m pregnant with another man’s baby?

My husband left me and I’ve been seeing another guy for the past few months. We just found out I’m pregnant, but since I’m still legally married, can my husband try to take my son away from me?

Asked on September 2, 2011 under Family Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your husband can try but ultimately it would be up to a court of law to decide whether the health and welfare of the child result in the child being placed with your husband or with you. Since you are pregnant and still married and the child is not your husband's child, your husband may try to exploit those facts and attack your character and your boyfriend's character in order to obtain full custody of your son. Depending on your son's age, it can happen so you need to make sure you have all of your ducks in a row. If the person you are with now has any skeletons in the closest, better make sure what and how many. You should consult with a divorce attorney who has experience with issues similar to yours so he or she can properly and carefully walk the court landmine of orders and motions.


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