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

UPDATED: Feb 19, 2019

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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 AttorneyPages.com 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.

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