Legal Question in Family Law in Florida

Rights of an Estranged Wife

I am currently dating someone and we are expecting a child. Legally, he is still married although they have been separated for over 2 years. Since I became pregnant, she has created many problems for our relationship, in spite of being the one that initiated the separation. I don't trust her and my question would be, does she have any legal rights to this baby since they are still legally married?


Asked on 12/14/04, 4:06 pm

2 Answers from Attorneys
Moses Williams Moses E. Williams, Attorney at Law

Re: Rights of an Estranged Wife

She has no inherent rights to your child. However, your boyfriend and her could file a lawsuit seeking custody.

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Answered on 12/15/04, 9:39 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Rights of an Estranged Wife

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your boyfriend's spouse has no rights whatsoever to your unborn child. It should not even be of any concern to you.

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

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Answered on 12/14/04, 11:40 pm


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