Would my husband be considered (legally) the father of my unborn child even if he's not?

Asked 7 months ago - Lake Worth, FL

I cannot afford an attorney right now (I am waiting on my mom to come back from a trip to help me get one). I just want some advice. Here is my situation:
I am currently married and going to divorce. I have 2 children: 1 is my husband's and the other isn't. I am also expecting -- also not from my husband. We haven't been living together. But now, he claims that both the children are his because they both were born while we were married and he wants visitation rights. I am wondering if he can claim that my unborn child is his also-- since we are still married? What to do in a situation like this when you can't afford an attorney?

Attorney answers (3)

  1. Stephen George Henderson


    Contributor Level 16


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Yes, he can. A child born during an intact marriage is deemed to be the husbands child. She has options, but this type of situation requires her to consult with a family law attorney in person. If she cannot afford one, she can look into any legal aid office and they may have a lawyer that can help her at not cost.

  2. Robert Jason De Groot


    Contributor Level 20


    Lawyers agree


    Answered . When a wife gives birth, there is this very strong presumption in FL law that the husband is the father. If he insists upon that presumption remaining intact, he will not only get visitation, but might well get half of the children's time. It's too bad that you cannot afford an attorney because you need to have one on your side.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  3. Daniel A. Bachert

    Contributor Level 14


    Lawyer agrees


    Answered . Any child born during an intact marriage is legally considered the child of the married couple. An intact marriage is one defined as a marriage in which neither party has filed for a dissolution of the marriage.


    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951

    Please be aware and advised that this public forum is designed to provide only general information, to give you a... more

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