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.
If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.
Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.