If when my divorce was finalized I was pregnant with another man’s baby, what will happen?

UPDATED: Sep 2, 2012

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If when my divorce was finalized I was pregnant with another man’s baby, what will happen?

My divorce was finalized 2 months ago. Now my exhusband is taking me to court over the custody of my 3 year old saying it is in her best interests to stay with him. Any idea on what could happen? I’ve heard the divorce might be overturned and I’ll have to remain married to him until the baby is born to prove paternity, However, he is sterile and it cannot be his. Also, I’ve heard he will be able to change the custody agreement and become the custodial parent.

Asked on September 2, 2012 under Family Law, Texas


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

Answered 10 years ago | Contributor

Please get legal help here.  Was parenatge ever legally established with a DNA test?  It is time that that was done.  Once it is established that he is not the Father he will have no custodial rights and no obligations (i.e., support).  Good luck.

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