Deland, FL asked in Child Custody and Divorce for Florida

Q: Can my legal husband try to claim rights to a baby that is not his?

I am still legally married to my husband but we have been separated for a year and both have new lives. I am currently pregnant with my boyfriends child but because my soon to be ex husband is so spiteful he is trying to claim paternity of the unborn child through “marriage” and force me to time share that unborn child who’s due date is in about 6 months with our older children even though it is not his. Is he able to do this and what can I do so that he cannot lie and my boyfriend can be rightfully named the father in court when we go for our final court date to finish our divorce.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The law presumes that a baby born to a wife is the child of the husband. So yes, he can make that claim. Request a DNA test.

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