More details to this question:
My girlfriend last year was getting divorced from her husband when we got pregnant. She ended up dumping me and now has my 6 month old living in some other state somewhere. She never got the divorce, but I know this kid is mine. Can I get custody of my kid even if their state thinks the baby is her husband’s kid?
1 ANSWER
There is a presumption that The husband of a woman who gives birth to a child during that marriage is the legally presumed father. You would need to file a paternity action in court and request child custody or visitation rights in the county where the mother and child reside. Once the action is filed and served on the mother, the judge will order all three of you to undergo DNA testing. If the results of the test determine that you are the biological father, you will be awarded custody or visitation.
Answered on Apr 16th, 2024 at 1:28 PM