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

UPDATED: Mar 9, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 9, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption