What are my husbands legal right that was born under the marriage from another man

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What are my husbands legal right that was born under the marriage from another man

i am legally married and my husband is not the father
of my baby. What are his legal rights?

Asked on February 19, 2019 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your husband will be considered the legal father of your baby and have all parental rights (and duties/obligations) unless there is another father entered on the birth certificate or unless he chooses to contest paternity and has a paternity test done to disprove his fatherhood, since the husband of a woman who gives birth is presumed to be the father in the absence of evidence to the contrary. If he is proven to not be the father, or you and he agreed he is not the father (e.g on the birth certificate), then he has no legal rights.


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