Legal Question in Family Law in Kentucky
me and my husband are getting a divorce we have been married for 5 years 2 years after we got married we got seperated and i had a child by another man does he have legal rights to keep her
1 Answer from Attorneys
Does who have legal rights to keep her (I am assuming "her" is your child)? Your husband? Not if you dispute paternity. If you instead mean the man who fathered your child... there is a presumption under the law that your husband has fathered your child. The biological father only has standing to seek custody if either you or your husband dispute paternity.
However, the situation can be complicated if you got pregnant by another man while you were married and told your husband the child is your husband's. If he has raised her believing she was his, you could not argue that he should not have custody on the basis of paternity, because you misled him.
Hopefully you are getting an attorney in your divorce, since you clearly have some legal issues that need to be addressed.