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Who gets custody if the child was born out of wedlock, then the parents got married, and are currently separated?

Land O Lakes, FL |

Who gets custody if the child was born out of wedlock, then the parents got married, and are currently separated? Is it joint custody where each parent has equal rights to take possession of the child? Does the mother retain custody of the child due to the child being born outnof wedlock initially...even though they later got married or does the marriage void the wedlock laws?

Attorney Answers 4


  1. Your child being born out of wedlock will make no difference to the Court establishing shared parental responsibility and time sharing with the child. Primary custody to provide the child's residence will be based upon what will be in the child's best interests.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.


  2. If paternity has not been established, you might need to establish it.


  3. When the parents of a child born out of wedlock marry after the birth of the child, the child becomes legitimized. See Florida Statute 742.091 which states in apart:

    "If the mother of any child born out of wedlock and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held to be the child of the husband and wife, as though born within wedlock,. . ."

    As such, the parents would have equal rights to the child.


  4. That is up to the judge. In my experience the mother usually gets custody.

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