I filed my divorce and found out that divorce is complicated because had a son when was seperated wit husband and legally maried

Ive been married on 2006 ane been seperated since 2008.we have a child in our marrige and We agreed on filing on the divorce. But i had a son not with him he was born 2011. I have alredy filed the divorce with a help of gwinnet legal aide. After i did everything she called me and said my divirce going to be complicated because of my son. She said that judge can put child suport on husband eventhough he is not his child. Or it can be further that has to do dna. Ive been told but i dont know if its true, i can loose custody of my child? Far i know i didnt do anything wrong my marrige when i was with husband. We agreed to seperate and live wit out lives. My son's father disappeared when was pregnant my actual bf gave him his lastname and sees him as his son is that another problem?

Suwanee, GA -

Attorney Answers (3)

Ikemesit Amajak Eyo

Ikemesit Amajak Eyo

Family Law Attorney - Atlanta, GA

No, it is not a problem that your child's last name matches that of your boyfriend. However, it would be a problem if your boyfriend's name was placed on the birth certificate as if he is the child's father.

Yes, the fact that you had a child while married does complicate your divorce. Under the terms of GA law, your husband automatically became the child's legal father (and is subject to support requirements and custodial rights). To change this, the child's paternity will have to be addressed within the divorce process.

Yes, you can potentially loose custody of your child. The likelihood of that happening will depend on more information than is contained within your question.

You are going to need an attorney to assist you with how to proceed to resolve all of this.

I hope this information helps answer your question(s).

~ Kem Eyo

The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more
Glen Edward Ashman

Glen Edward Ashman

Divorce / Separation Lawyer - East Point, GA

You have a huge problem that must be addressed in the divorce. I am shocked that Gwinnett Legal Aid failed to discuss this with you. Legally, your 2011child is presumed to be your husband's child. You need to resolve this in the case and you need a lawyer's help. The final decree and the pleadings have to address this. Typically I suggest resolving this by a paternity test on your husband proving he is not the child, and this is filed with the court. There are no shortcuts here and you definitely need legal counsel.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
Darrell Brinnett Reynolds Sr.

Darrell Brinnett Reynolds Sr.

Family Law Attorney - Decatur, GA

You need to get an attorney. Please give our office a call if you would like to discuss this matter further.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033

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