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Im married now getting a divorce my husband is not the father of my son and he knew he was going to put my son his last name and treat him like his own child now I'm getting a divorce and wants my son

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Asked by Momlove07 at 7:51 PM on Dec. 13, 2013 in Parenting Debate

Level 1 (2 Credits)
Answers (16)
  • Did your husband adopt him?

    Answer by JeremysMom at 7:52 PM on Dec. 13, 2013

  • So,did you cheat on him,or is this a kid from a previous relationship?
    A court might side with him because this child has known this man as his father,and he has known the child as his. If he want's any sort of custody,he'll probably get it.
    You'd have to prove him unfit

    Answer by butterflyblue19 at 7:55 PM on Dec. 13, 2013

  • No didn't cheat on him we split up for a while

    Comment by Momlove07 (original poster) at 8:01 PM on Dec. 13, 2013

  • If you got pregnant during a separation and your husband has been the father to your son then the courts will probably view him as his father, biological or not. You'll definitely need a lawyer to know exactly how to proceed.

    Answer by Brawn at 8:06 PM on Dec. 13, 2013

  • Do you not want him to have rights?? Why wouldn't you? I mean you did marry him. And your son is the only father he's known why wouldn't you want him to see your son

    Answer by rachel216 at 8:46 PM on Dec. 13, 2013

  • So what does your son's biological dad have to say about it? He's not bio dad so I don't think he will get much say on the matter. I could be wrong. You will want to consult an attorney on the matter. Bio dad might not allow another man custody of his child.

    Answer by 2autisticsmom at 8:20 AM on Dec. 14, 2013

  • If you put his name on the birth certificate, he is legally the father. Even men who believe the child is biologically theirs and the child isn't, can be made to pay child support and allowed visitation.

    Every state is different, and I'm not a lawyer, but yes he will probably get standard custody.

    That is the only father your child has ever known, to your son that is his father, unless he's a bad father, I don't think I'd try to keep him from your son.

    Answer by ohwrite at 8:44 AM on Dec. 14, 2013

  • I have seen this play out with several clients I have worked with. If you have identified this man as DAD to others, if he has provided for this child and cared for him...he's dad. He has the right to this child. You also have the right to duke this out in family court. I know it may seem wrong to you but the court system is designed to protect and look at the best interest of the child. You will have the ability to present in court why you think this is not in your son's best interest.

    Answer by Anonymous at 12:04 PM on Dec. 14, 2013

  • he is your son and he does not have any rights to him because he is not his dad.

    Answer by christina122952 at 12:55 PM on Dec. 14, 2013

  • Biological or not, your soon to be ex is the legal father. You will need an attorney. The court will most likely do whatever is in the best interest of the child.

    Answer by HHx5 at 6:24 PM on Dec. 14, 2013

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