What are my options if my husband is a bigamist and wants to fight me for custody?

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What are my options if my husband is a bigamist and wants to fight me for custody?

I have filed for divorce from my husband and I have discovered that he is married to another woman in the same state. We have a small child together and he is refusing to sign the divorce documents. I also have speculations that he will attempt to gain full custody of our child because of his disagreement with my sexual orientation. What are my options?

Asked on September 30, 2011 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Okay you need legal help here s soon as you can possibly get it.  This is one of those situations that needs to be sorted out in a time line.  Are you the first wife or the second?  Because if you are the second wife you are not legally married.  You still do, however, have to file for some type of declaration from the court stating that just to protect yourself.  Now, as for custody, your sexual orientation has NOTHING to do with that issue.  Got it?  And if the courts try and use that as a factor to determine custody you need to start saving your money for the Appeals Court.  I know that you live in Texas but really that should not matter in this day and age.  Courts generally favor joint custody.  I really think that the bigamy thing trumps your sexual orientation and I think you and your attorney need to use that to your advantage.  Good luck.  


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