Legal Question in Family Law in Virginia
Want a divorce, one child his, other child is a question
I want to divorce my husband. The two year marriage has never been right. We were married six days before he went to IRAQ. I was only 19 at the time, young and dumb. While he was gone, I committed adultery. I found out that I was pregnant. Later on, I admitted to everything and we decided to have the baby. Since then we have had another son too. My husband, also in the military, always makes little comments about the first child once calling him out of his name. One day, a �domestic� incident happened where I ended up leaving the house with the kids. We were apart for a month, when I told him that I wanted a divorce. So he would not doubt my first child that we should get a paternity test on him. Well, he blew up saying that that was his child. I have contacted the man that could be my son�s father and he understands the situation. He on does not even want the test, he has acknowledged that the child is his if the child is not for my husband. Now that I want a divorce, my husband has threatened to involve my command for the adultery incident and that he has the right to get custody of the kids. I have moved back into the house because I did not want to loose my job or children, but I am helplessly unhappy.
1 Answer from Attorneys
Re: Want a divorce, one child his, other child is a question
I'm not sure there's a question anywhere in your letter but you deserve some advice.
You can't live in fear or be held hostage by his threats. If you committed adultery and had a baby the fact is that he forgave you and now cannot use it as a ground for divorce. If he tells, he tells. Your job may be at stake but not your happiness. If the first child was concieved while married the law presumes that it is a child of the marriage but of coure a DNA test will rebut that presumption. Have a DNA test performed using DNA of the baby and the alleged father. LabCorp or some such place can do the test easily. If the husband is not the father he has no rights to that child. The fact that you committed adultery will not decide the custody of the second child either. The best interests of the child dictate that he will be placed with the best person for him. If you've been the primary parent thus far, chances are the Court will see it that way too.
I cannot tell you what to do but it seems to me living unhappily will be obvious to your children and make them miserable too.
Good luck
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