Legal Question in Family Law in Kentucky
Extra-Marital affair brings a child
My husband and I have been married for 19 years.We have one son who is 11. Until the last 2 years everything was as normal but my husband just recently finished a 6 month drug rehab program sucessfully but prior to this he had been in prison for possesion of drugs. He had never been in any trouble at all. During this time he had an affair with some old gal and of course she got pregnant.This was her seventh child. He had been home only two weeks and was called to take apaternity test which the results came back two days ago. Yes he was the father. All the children are in state custody including the one year old girl that is his. They are wanting him to sign papers reliniquishing his rights so that she can be adopted. We are very family oriented and this weighs on us very hard,What rights and chances does he have for custody? Thank-you
1 Answer from Attorneys
Re: Extra-Marital affair brings a child
He certainly has the right to ask for custody. Legally he has preference since he is the parent. His past history will be a problem, but if there is sufficient evidence of true rehabilitation and abandonment of the previous lifestyle he has a better chance. This is a personal decision. The whole point here is the best interest of the child. The question that you and your husband must answer is "Whose interest are you serving?". Would the child be better off with you or with the family that is seeking adoption, if there is one? You must also be realistic about your husband's problems. He really has not had enough time to demonstrate a change in lifestyle. If he relapses ( and the statistics say that there is a large probablility that he will at this stage), you may be facing larger problems with two children to be responsible for. Good Luck.
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