Legal Question in Family Law in Florida
If I am married and had a child with someone else while separated and I am now in the process of reconciling with my husband who is currently deported in a different country, can I win custody and take my child who I had while married to someone else and agree to the minimum shared custody as other Parents who live in different states? Now this man who I had this child signed the birth certificate however has been in and out of my child's life inconsistently for the three years of his life at one point living in different state than I with my child. I have three kids with my legal husband who is deported.
2 Answers from Attorneys
I've read your question several times, and I can't begin to untangle its twisted English enough to answer it. I'll just explain the law. When you have a child while married, the husband is the legal father, regardless of the biology and regardless of who signs the birth certificate. When either spouse files for divorce, the father--not the mother--can ask to disestablish paternity. That is, only the father, not the mother, can ask that the husband be declared not to be the father. Moreover, generally, the husband can only be legally declared not the father if the biological father comes forward during the divorce and agrees that he will be declared the legal father. That makes the biological father responsible for child support.
My suggestion is that you locate your deported husband and get him to sign papers agreeing to the divorce and agreeing that he wants to disestablish paternity of your child that is not his.
If married while you have a child the husband is the presumed legal father. If in reality the other guy is the father then they both potentially have rights so you will have to sort this out in court.
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