I live in Tennessee. My husband and I separated almost 3 years ago. My husband and I have a son together. We are still legally married but I am pregnant and it is not my husbands. My husband moved 120 miles away to Nashville. I have filed an uncontested divorce that was voided after 90 days because he refused to sign. I will soon be filing for a contested divorce as soon as I get the money. I don't want to cut him out of our sons life but I don't want my husband to have full or joint custody.
The short answer is no. Your husband cannot "take custody" of your son just because you are pregnant by another man. In fact, upon your upcoming filing for divorce, you should request, through a proposed Permanent Parenting Plan, that you be named as the Primary Residential Parent. I cannot say for certain because I do not know the specifics of you and your husband's situation, but if your son has been living with you during the past three years, then it is likely that the Court will leave it that way.
My name is Brian Clay Johnson. I am located in Lexington, Tennessee. Please let me know if I may assist you.
Your husband can't take custody "just because" you are pregnant with another child. But, you should know that in Tennessee any child born during a marriage is presumed to be the child of the husband. So, the baby that you're carrying will LEGALLY be your husband's child because you are married. You need to call an attorney ASAP to explore your options because that can be a complicated issue in a divorce.
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