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

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?

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Attorney answers 3

Best Answer

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.


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 basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.


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 make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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