child may not be mine can I still get custody?

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child may not be mine can I still get custody?

We got married in 2007 he was born in 2008I have had him for about a year now since we been separated and I recently filed divorce and that’s when she began saying thisI also have an 11 month old with her that I have both live with meShe has four other children that she gave away custody when we split I just want to know if I can get custody even if I know he may not be mine I want to be his father I signed birth certificate and he has my last name

Asked on March 16, 2012 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You sound like a really great guy.  Your ex may just be trying to get back at you but if she does take this ball and run with it you are going to need to seek help from an attorney to be prepared.  First, I hope that you have formal custody - and by that I mean custody as awarded by the courts.  If the baby is not your biological child - obviously he is your son - then you are going to have to go about terminating parental rights and adopting him.  Here is the catch 22: you can only adopt him WITH the biological mother.  And you are divorcing her.  So, then you are going to have to plan your next steps.  Please seek legal help.  Good luck.


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