Q: Married 12 years, still with husband. I had an affair that resulted in 2 children with another man but hub is the legal
& acting Father. We were never separated. The Kids are now 4 & 5 with no involvement from the other man who said from day 1 he wanted nothing to do with them (we live in Fl, he lives in San Antonio Texas). Can he now come back & file a petition for paternity?
A: Yes, but why would he? It's not likely that he would be awarded custody, and he would probably be required to pay child support.
1 user found this answer helpful
A:
Under the current caselaw, the legal father is your husband. Therefore, he would be unable to come in and disestablish your husband as the father if your husband has been the acting as a father to the children and the biological father has been uninvolved.
This area of law has been changing in recent times though so if he files a Petition to Determine Paternity, I would make sure to contact an attorney.
1 user found this answer helpful
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