Q: Can my husband take my kids if they aren’t his but his name is on birth certificate and we were married at the time
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- Georgia
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A: You already asked this. It is unclear if the children were born during the marriage or if you added them to the birth certificate during the marriage. If they were born during the marriage, they are legally his children.
A: The husband of the mother is presumed to be the father if you were married when the children were born. But that presumption is rebuttable. But this cannot be addressed until you file for divorce. I will say that married parents have equal access to children born of the marriage until one of them obtains a court order to the contrary. Contact an attorney directly so that you can provide more details and get a more definitive answer.
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