Legal Question in Family Law in Florida

My son's girlfriend is pregnant (child is not born yet) with his child however she is still married and has not gotten a divorce yet is it true that the baby she is carrying is legally her husbands...not my sons. If a child is conceived in the marriage then it is legally the mother's and her husband's, even if the DNA says otherwise. Because the child was created while she was still married then legally the child is not my son's. My son has no legal rights to this child as of right now.


Asked on 10/13/09, 5:23 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

That's correct, the child legally belongs to the husband, not the biological father. If the mother and the husband are divorcing, your son can file for paternity and may be permitted to claim his father's rights.

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Answered on 10/13/09, 5:29 pm


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