Can the the non-biological fatherof my daughter, take her away from me?

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Can the the non-biological fatherof my daughter, take her away from me?

Before my husband and I were married, I left him and started another relationship which lasted 4 months. I became pregnant during this relationship. My husband is a controller and manipulator. I was stupid enough to go back and we were married a month before she was born (she is now 9 months old). Since then, he has mentally and emotionally abused me everyday. He is a doctor and has money. He told me that if I ever leave he will take my child. Her real father wants a DNA test and to be a part of her life. Husband said he will take me to court for the rest of my life because he has money and I don’t. What can I do?

Asked on October 17, 2010 under Family Law, Michigan

Answers:

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

Answered 11 years ago | Contributor

You need to get help as soon as you can.  Not only legal help but help in the form of support to have the courage to stand up and do what is best for you and your child.  First of all, yes, her real Father can make an application for a DNA test to determine who the real Father of your daughter is.  And if he is the real Father and not your Husband, he can make an application to the court to be  part of her life.  Can your husband take her away from you?  If he tries to prove you an unfit mother he can take that as far as he can legally, which would most likely be to have custody of her.  But again, that is assuming that her real Father does nothing.  Honestly, doing the DNA test may indeed rid you of him and the abuse.  Once it is established that he is not the Father and the real Father established visitation , etc., what is he going to fight you on?  The court decide these things in the best interest of the child.  And they always believe that the best interest of the child is to have their natural parents be a part of their life.  Good luck.


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