My question involves paternity law for the State of: FLORIDA
I was married for four years, and my wife was having an affair for the last month or so. She did not admit to the affair until the paperwork was finished and I was gone, but it didn't seem important at the time. I left in 11/07, and the divorce was finalized in 12/07. Sometime around 3/08 I found out she was pregnant, it didn't strike me as odd at all given the affair, and one of the reasons for the divorce was that I didn't want kids yet.
I had virtually no contact with her at all from the time I left until last week. She called and told me that she wasn't sure who the child's father was, so I went back and checked the dates for the first time. The child was born in 8/08, and it looks like she conceived the week that I moved out.
The child is now 2 years old, and I have a gut feeling that she is mine. Since learning that she questions the paternity, and figuring the dates I purchased an at-home informational paternity test and have taken it. I'm waiting on results, but like I said before I have a VERY strong feeling that she is my child. Here's where it might get more complicated...
Mt ex-wife and her affair were married before the birth of the child and he signed the birth certificate, which to my understanding, makes her a child of marriage and gives him legal rights as the father. I read something in the hundreds of sites I have visited that it makes a difference since the child was born less than 300 days after a divorce?
If it makes any difference I am quite sure I can prove that she was pregnant, and that I had no idea of that fact, by the time the divorce had been finalized. I didn't have to go to court for the final hearing, I just signed that I wasn't contesting anything and left, she filed and she went to the court preceedings. I've been told that the judge specifically asks if you are pregnent, and I presume that had she said yes we would have been forced to deal with this issue way back then.
If this is my child I want joint custody, regular visitation, and I want to ensure that she comes to me in the event that something happens to my ex-wife. What can I expect, and how do I go about making all of this happen?