If we get divorced, does my husband have the legal right to keep my child if he is not the father?

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If we get divorced, does my husband have the legal right to keep my child if he is not the father?

My husband and I are getting a divorce we have been married for 5 years. 2 years after we got married we got separated. I had a child by another man.

Asked on September 28, 2010 under Family Law, Kentucky

Answers:

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

Answered 10 years ago | Contributor

There is an assumption under the law that a child that is born during a marriage is the child of the parties to the marriage.  So what needs to be done is that you have to have your soon to be ex husband either do a paternity test to disprove the assumption or some states allow him to sign an affidavit of non-paternity.  Once it is determined that he is not the father of the child he has no legal rights to keep her OR support her.  I do stress that the courts do view the situation "in the best interests of the child" but the law is the law.  The child will have to be supported by you and the natural father. Good luck. 


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