IfI am married to one man but pregnant by another, what happens with child custody?

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IfI am married to one man but pregnant by another, what happens with child custody?

My military husband and I have been separated. We both have new partners. I am now pregnant with my new boyfriend. Can I get in trouble? Will this pregnancy affect me getting custody of my daughter with my military husband? She currently lives with me.

Asked on November 17, 2011 under Family Law, Florida

Answers:

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

Answered 10 years ago | Contributor

It seems to me that both you and your husband have moved on with your lives and as long as you and he try and make this as amicable for the sake of your daughter then you should be fine.  AS for the baby, children born while you are married are presumed to be children OF the marriage.  So your husband is assumed to be the Father.  This presumptioncan, of course, be rebutted.  And your husband can file an affidavit of non-paternity while your boyfriend files an affidavit of paternity, if your state permits.  You should seek help from an attorney as soon as you can here. Congratulations on the impending birth of your child. Good luck. 


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