Wife is Pregnant with Another Man's Child

My wife is pregnant with another man's child. We had started the divorce process but are trying to repair our family. We have three other children together. She desparately wants to repair our relationship but is afraid the father of the baby will try to take the child from her when it is born. Does he have any rights? If so, what is the legal process he has to endure? Is there anyway he could legally leave the hospital with the baby?

Thanks in advance,

[PapaJohn]

No there is no way at all he could take the child from the hospital. If he tried he could be charged with a crime. The only way a child can be taken from a parent when it is born is if there is a proven danger to the child from the parent or parents, and then only a child protective service worker can do it.
The father however does have rights. He can seek custody by filing an application with family court or he can simply seek visitation by doing the same. Your best bet is to look into the laws regarding custody of unborn children in your area and follow what they determine you should do. The most obvious thing to do is to file for custody in family court. However, not knowing where you are or the laws of your location I don't know if you can do that before the child is born or if you have to wait til it's born.

I'm in Florida. My wife has no objection to him having visitation with the child. She just does not want him to take the baby from her.

[spinmaster61]

If you are in florida. probley depends only on judge. These courts here are leaning more and more in direction of level playing field.The old mother automaticaly gets custody is DEMINISHING.

[sunlover]

Newsflash! Bio Dad has no rights unless your wife names him as Father when child is born. Furthermore if your married you will be considered child's "legal" Father automatically. Bio Dad will need to seek a paternity order to prove child is his before he can get any visitation. Once thats done your wife should seek support order as well

[spinmaster61]

News flash i really dont think they could stop him from taking the baby other than. the baby needing the mother while in the hospitial. Once baby leaves hospitial .Its fair game.The old momma gets automatic custody is gone. Matter of fact my advice to the bio father is get a DNA.Get custody and get support! like i said the old momma can only get custody is gone! If she dont want to put him on birh certificate. PUTATIVE REGISTRY .DNA .There is an arsenal of weapons at Bio fathers disposal.Just so he can raise the child.

[andrewjoselin]

Hi,

I have decided to apply for divorce. Considering the recession now, there are many factors that we need to look in now and I really do not want to get bankrupt. I am having a terrible family life and I hope someone would suggest me. Please do not ask me to speak with my wife. I have given up and I feel Divorce alone can save my life.

[Gbyte]

Originally Posted by spinmaster61 News flash i really dont think they could stop him from taking the baby other than. the baby needing the mother while in the hospitial. Once baby leaves hospitial .Its fair game.The old momma gets automatic custody is gone. Matter of fact my advice to the bio father is get a DNA.Get custody and get support! like i said the old momma can only get custody is gone! If she dont want to put him on birh certificate. PUTATIVE REGISTRY .DNA .There is an arsenal of weapons at Bio fathers disposal.Just so he can raise the child.

No...really, if the wife names the husband on the birth certificate, he is the father. A child of marriage is assumed to be a child of marriage. The bio dad has NO rights until he is declared the dad by the mother or the courts. Then he he has to motion for visitation or custody. Taking the child from the hospital in this case would be kidnapping. When unmarried parents are involved, mamma gets automatic custody until and unless a court rules otherwise.

This is an old post however. Child already likely born.

andrewjoselin you may want to start a new post.

[spinmaster61]

Thats exactly why. after childis born .bio dad .he knows who he is just like she knows who he is . Gets DNA. oh dont mess with things while at hospitial .After that fair game .Again without DNA people had thier way now like i said he can prove paternity weather she wants it or not .he can also take custody weather she likes it or not.He can also make her pay support weather she likes it or not. So establish paternity bio dan and raise his child . If not pay support. You can belive it not just her worrying about jodi getting baby.He is also.Imagine paying support to jodi.After your wife had an affair.Detramental. Anyway thier aint no trumped up kidnapping charges just have our honor in cort give him custody.

[spinmaster61]

Originally Posted by andrewjoselin Hi, I have decided to apply for divorce. Considering the recession now, there are many factors that we need to look in now and I really do not want to get bankrupt. I am having a terrible family life and I hope someone would suggest me. Please do not ask me to speak with my wife. I have given up and I feel Divorce alone can save my life.

Then its time to file.Prosses aint that dificult. It can be time consumeing.If you only fight on and on.Then its time to either you get gone.Or she get gone.I hope divorce wont bankrupt you.Staying for that is a high price for misery.So your saying its cheaper to keep her. I cant phathom that.For the sake of argueing.Best Regards.