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Can my fiance get custody of my kids if we get married but they aint his kids?

Los Angeles, CA |
Filed under: Family law

I have a son that aint my fiances but he dont know and i am now pregnant with a baby that aint his if we get married and finds out that they aint his kids can he take away either one of my kids since he becomes the legal father and they have his last name?

Attorney Answers 2


  1. If they are not his kids, he cannot get custody of them. Is he on the birth certificate? If he is, the answer may be different.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.


  2. If you are married when the current child is born it will be presumed a child of the marriage. yes, that could result in his having custody if you divorce after the child is 2 years old.

    Why are you marrying when you seem to prefer a non monogamous lifestyle...? What do you suppose are the odds a marriage based on a lack of candor about such a basic issue as this will work out?

    I promise you the divorce will be costly-- good for NO ONE.

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