Legal Question in Family Law in Florida

I have been married since 2003. I had a long affair in which I conceived and birthed 2 children. My husband and I have worked things out and are still married. Now, 5 years later, the other man is trying to come into the picture. Does he have any legal rights to the children? My husband has been with me from before and after, and my husbands name is on both the birth certificates.


Asked on 4/27/11, 8:40 am

1 Answer from Attorneys

Cary Levinson Levinson & Capuano, LLC

Assuming the "other man" is actually the father of the children in question, he can attempt to establish his legal rights through the filing of a petition to determine paternity. From the limited information provided it appears that he has yet to do this and therefore likely has no present rights.

The fact that your current husband signed the birth certificates will not be considered by the court as conclusive evidence that he is or is not the father.

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Answered on 4/27/11, 9:31 am


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