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You can petition to have the courts recognize that your spouse is not the father of the child, and unless he can show that he has been the parent that the child recognizes despite Biology, and that he is more fit to care for the child, the court shoud terminate his rights and let you retain custody.

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Q: If you are legally married to an absentee spouse but have a child by another man can the spouse gain custody of the child?
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Related questions

Who gets custody of a child born in prison in AZ mother is in prison father is not they are married.?

If they are legally married, the father gets rights until mother gets out of prison, after that it is up to the state. If not legally married, they go into state custody.


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Are you legally married if your husband has another wife in another state?

No. If the other person is legally married to another person in another state, then your marriage is not valid in the USA. You can have be legally married to one person at a time.


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Can you get sole custody if your spouse still legally married has moved out of state?

Most states lean toward Joint Legal Custody with primary residential custody


How can your husband who is still legally married to you in California get married to another woman in Nevada?

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Who gets the custody of the child if the mother is legally married and having another man?

Aside from the fact that would be a minor medical miracle, I assume you mean having an affair? see link


Can your ex husand still get child support if he gets legally married in arizona?

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How can you get custody for your daughter if her mother is married?

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Who has custody of the children if you're not married?

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Can a legally married man have to pay child support?

If you are married to the mother, no. Then you share everything naturally. But if you have a child and you are separated or not married to the mother, and you do not have custody of the children, you have to pay child support


Can a father just take a baby from the mother if they were never married without establishing custody first in Missouri?

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