My husband and I separated briefly four years ago and I got pregnant by another man. We reconciled during my pregnancy, and my husband is the only father my son knows. We are now discussing divorce and we are wondering if he has any legal financial responsibility to my son. Also, does he have any rights when it comes to custody?
Personal Injury Lawyer
A person who is not the biological or "legal" parent of a child is not legally required to provide for child support. While a husband is presumed to be the legal father of a child born during their marriage, if there is sufficient evidence to rebut that presumption, then the husband is not obligated to pay child support. Also, if there is sufficient evidence to rebut the presumption of paternity, the husband has no legal rights re: the child. If your husband wants legal rights to that child, he may attempt to adopt, but that would introduce a host of other issues, and with the divorce, that complicates matters further re: possible adoption. I advise that if you and your husband do divorce, you need legal counsel to represent you. Good luck.
Divorce / Separation Lawyer
In Georgia, your husband is legally presumed to be the father. It is a rebuttable presumption. However, if neither of you affirmatively rebut the presumption, your husband well could end up with custody or visitation, and be compelled to pay support.
In these cases, it is essential that you have a lawyer. I highly recommend in these cases that a DNA paternity test be done, and that appropriate paperwork as to paternity be filed in the divorce. Not doing things right can create future legal problems for you, your husband, the bio dad and the child.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at email@example.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.