Legal Question in Family Law in Florida

Child Custody and Responsiblity

In the State of Florida if a woman who is married, but has been separated for 7 months, not legally separated, in the process of a divorce, but she gets pregnant by some other man other than her husband, does her husband have full custody and full financial responsibilty of that child, even though it is not his? I thought someone told me he does, but that doesn't make sense!! That would make him responsible for his wife's actions.


Asked on 10/27/00, 8:26 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Child Custody and Responsiblity

No. If the child is not his, he would not be held responsible. DNA testing can prove whether or not he is the father. The Courts will not hold the husband responsible for a child conceived while separated if not his.

This is a serious legal question and you should consult a qualified family law attorney with this and all legal questions.

Scott R. Jay, Esq. (305) 249-8000

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Answered on 11/16/00, 12:04 am


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