If child is born to woman that is married and husband is not father what are the fathers rights?

I had a brief fling with a woman that was married(she told me she was in process of getting divorced, later found nothing had every been filed) after it was over she told me she was pregnant but there were other possible fathers. I paid for dna when child was several months old and found child was mine. Since that time i have bought diapers, clothers etc for child and recently started giving her money. I could not set up child support because she is still married. I am now married and have a stable home and job. she has only been concerned with me giving her money and has not let me see child. Or provide me with any information that i need to provide for the child. she uses one excuse after another. she just keeps demanding money. she has not used money that i have given her for the child(i can prove this). she goes from one relationship to another and from one home to another, does not work and has never had stable home or held a job. I would like sole legal and physical custody of my child with her having reasonable visitation. or a the very lest sole legal and joint physical custody (child with me every other week) if she can provide stable environment. What are my rights and any suggestions on how to make this possible?

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Answer 1 / 2

Submitted 187 days ago...

tomturkey

Brain (2,862)

Well if she was married at the time the baby was cocieved then I am surprized that you were able to get a partently test at all. However this can get pretty sticky. If the baby was born while married to this man then the baby would have his name. If that is the case then legally he is the father. It sounds like to me that the mother wants you to pay support but is not allowing you to see the child and my guess as to why that is would be because she hasn't told her husband that he is not the father. She justs wants the money and since you are caring enough about the baby and showing her you care she is going to collect as long as she can. As for filing for custody or visitations I don't think that is going to do you much good. If she had not been married you would of stood a chance at getting visitations. I won't tell you that you can't file for visitation but I can tell you that the odds are against you in this because of her being married. You can consult an attorney and see what they sujest. If by some chance you get one that will take this case plan on a big retainer fee and alot of money to fight her though the court. It is sad that this has happened to you you seem like a nice guy and just got caught up in somethig that should never of happened. Your not the first guy this has happened to although you are one of very few that care enough to do the right thing. What ever happens I wish you the best good luck.

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Answer 2 / 2

Submitted 176 days ago...

rsr2108

New User (2)

She has not been with her husband for a long period of time and has a older child by him that she leaves with his parents most of the time. I don't believe he is in the area or even supports the child in anyway. She just goes from man to man and home to home. One minute she acts as if i will be able to get my child and gives me means to contact her and the next says i have no reason to contact her. Im sure my best course of action is a lawyer and not to try to contact her due to her unstable behavior she could accuse me of harrassment. Should i just let my lawyer contact her? Should i continue to send support for my child?

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