My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.
The general presumption in the law is that the husband of a married woman is legally the father of her child. That presumption, however, can be rebutted by DNA evidence that someone else fathered the child. If he is the biological father, he unfortunately does have rights to seek joint custody
so that he can establish a relationship with his child. As the husband, your rights are limited.
Custody is determined based on what is in the best interests of the child. Your wife will be able to introduce evidence that it will be best for the child to be raised within the circle of two married, loving parents as part of a cohesive family unit. She can try to find experts to testify that allowing the other man to assert himself into the family unit as the biological father would be detrimental to the child. If you have other children, there's an argument that the children benefit from believing that they all have the same natural parents and being raised as part of one nuclear family
. I have seen cases in this area in other states that have been successful, so if you have a lawyer who can do the research, you may be able to come up with something. It's a long shot, but I have seen judges rule in favor of preserving the family.
A good place to find an attorney is http://www.martindale.com
. They have reviews and ratings which can help you make a decision. It's usually a good idea to talk to a few different lawyers before choosing one, so you can find someone you're comfortable with.
One thing that you should be aware of, though. If you win this case, and ultimately are not able to work things out with your wife, you will be responsible for paying support for this child until he turns 18, because you will have voluntarily assumed an obligation to do so. I sincerely XXXXX XXXXX you never need that information, but I do feel that it should be mentioned.
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