Cana biological father who is not my husband obtain custody if my husband and I don’t want him to?

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Cana biological father who is not my husband obtain custody if my husband and I don’t want him to?

My husband and I were never separated. We continued to live together through our struggles but saw other people. I became pregnant and biological father wants to fight me for his paternal rights. How likely is it that he will be granted legal paternal rights if my husband is not willing to sign over his?

Asked on March 9, 2012 under Family Law, Florida

Answers:

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

Answered 9 years ago | Contributor

It is true that a child born during a marriage is presumed to be a child of the marriage.  But that presumption can indeed be rebutted.  If the biological father petitions the court for a DNA testa and to prove paternity, and paternity is indeed proven, then the biological father will be awarded paternal rights by the court regardless of your husband's wishes.  Get help and counseling here for your child.  Good luck.


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