Thank you for the clarification.
Because your name is XXXXX XXXXX birth certificate and because both you and mom acknowledged that you are the legal father of your son, the husband has no legal rights over your son. The husband cannot claim custody or visitation
. Only the parents have those rights. You established paternity when you signed the voluntary acknowledgement of paternity form.
To answer your question: Is it illegal to have kids with people who are married?
Adultery is a misdemeanor criminal offense in New York, but your have the affirmative defense that you had no knowledge that mother
was still married. The court looks at the intent and knowledge of the parties. Mother would have to confess that she did not reveal her marital status
when she had a relationship with you.
§ 255.17 Adultery.
A person is guilty of adultery when he engages in sexual intercourse
with another person at a time when he has a living spouse, or the other
person has a living spouse.
Adultery is a class B misdemeanor.
§ 255.20 Unlawfully procuring a marriage
license, bigamy, adultery:
In any prosecution for unlawfully procuring a marriage license,
bigamy, or adultery, it is an affirmative defense that the defendant
acted under a reasonable belief that both he and the other person to the
marriage or prospective marriage or to the sexual intercourse, as the
case may be, were unmarried.
Assuming the husband can assert an adultery charge, that charge will not terminate or otherwise affect your legal status as father to your son. So you can proceed to get custody or a visitation order from the mother and father cannot stop that right.
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