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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6392
Experience:  20 years of professional experience
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I was married for 5 years to a guy in the military. While he

Customer Question

I was married for 5 years to a guy in the military. While he was deployed I was raped by a guy and I think he's the father of my baby. I went for grief counseling, but never told anyone else about what happened. I never had a paternity test done either. My husband and I are getting a divorce now and I want full custody of my child. If he is not the biological father, can I get full custody?
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Customer: replied 1 year ago.
Ok thanks
Expert:  Maverick replied 1 year ago.

Normally, under these circumstances your husband would be presumed to be the father. So, the question becomes that if a paternity test now shows that your husband is in fact not the biological father, does he still have any custody rights. Let me take a look at PA law on this and I will be back...

Expert:  Maverick replied 1 year ago.

PA law is a little different regarding the presumption I mentioned; but it also would allow your husband to file for custody rights as a third-party seeking custody/visitation. He must prove that he stands in loco parentis; that is, in the place of a parent. He can do this by showing that he has essentially assumed parental status over the child and discharged parental duties for the same. So, it is possible here that you may have share custody with your husband.

I know this is not the answer you wanted to hear, but I am assuming that you are wanting a professional and honest answer.

Customer: replied 1 year ago.
Thank you
Expert:  Maverick replied 1 year ago.

You are welcome.