Legal Question in Family Law in Florida
What is legal right?
I am married, but was seperated for 6 months, I had a realationship with another man and got pregnant...my husband and I are back together, and are paying for everything, and already have a one year old son. But the father of this new baby is getting pushy about taking the baby from me..what are his rights when the baby comes? And what are mine? am I entitled to him paying child support?
1 Answer from Attorneys
Re: What is legal right?
Legally, the baby belongs to you and your husband. When a child is born during a marriage, the husband is presumed to be the legal father.
Either you or the biological father could file for paternity and demand a DNA test. The judge could deny paternity on the grounds that your husband is the "legal" father, but it isn't likely. Most likely, you'd be awarded support from the biological father and the biological father will be given visitation.
Your situation is legally difficult, though, and you should consult with a lawyer.
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