Is my husband presumed to be the father of my baby?

I would like to know the answer to this question for the following states...

FLORIDA

if i was married and had a child with someone who is not my husband, will my husband be presumed the father of my child?

TEXAS

if i was married and had a child with someone who is not my husband, will my husband be presumed the father of my child?


If not, what must my husband and I do so that he may gain paternal rights? (please answer for both states)

Please answer these questions.
In what state do you and your currently husband reside?
Do you and your husband live together?
Do you and your husband have a ceramionial marriage if you reside in TX?
If either you and or your husband were married before in what state was the divorce and how long before you married?
If you were separated, did you have any separation agreements filed with the courts and or orders?
Were you and your husband living together when the baby was conceived?
Is there any chance the baby is your husband's?
How many weeks pregnant are you?
Does your husband know that there is a possibility this isn't his child?
Was there sexual assault, any police reports?

In what state do you and your currently husband reside? Texas

Do you and your husband live together? Yes

Do you and your husband have a ceramionial marriage if you reside in TX? no

If either you and or your husband were married before in what state was the divorce and how long before you married? n/a

If you were separated, did you have any separation agreements filed with the courts and or orders? n/a

Were you and your husband living together when the baby was conceived? yes

Is there any chance the baby is your husband's? no

How many weeks pregnant are you? child is 2

Does your husband know that there is a possibility this isn't his child? yes 100%

Was there sexual assault, any police reports? no n/a

Quote:

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Quoting MISTERE

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In what state do you and your currently husband reside? Texas

Do you and your husband live together? Yes

Do you and your husband have a ceramionial marriage if you reside in TX? no

If either you and or your husband were married before in what state was the divorce and how long before you married? n/a

If you were separated, did you have any separation agreements filed with the courts and or orders? n/a

Were you and your husband living together when the baby was conceived? yes

Is there any chance the baby is your husband's? no

How many weeks pregnant are you? child is 2

Does your husband know that there is a possibility this isn't his child? yes 100%

Was there sexual assault, any police reports? no n/a

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If you have a common law marriage in Tx then the bio dad may have standing to petition the courts for parental rights. Did your "husband" sign the AOP?

no he did not sign

my son was born in florida and we now reside in texas...

FL doesn't recognize common law marriages so if your TX common law husband didn't sign the AOP in FL, then the other man has standing to petition to establish parentage. Right now your child has no legal father.

Florida would likely accept a valid Texas common law marriage under principles of "Full Faith and Credit", even if it would not recognize that same marriage if the parties had attempted to establish common law marriage in Florida.

I have a couple of questions, myself: Is your husband identified on the child's birth certificate as the child's father? Does he wish to continue his role as the child's legal parent?

sorry for the confusion our marraige was a ceremonial marriage in florida. I was married to another man prior to the marraige of my current husband who is not the father of the baby but our divorce was final shortly after the birth of my son ( a couple weeks).

I asked you very specific questions for a reason.
You gave me false answers.
Go consult an attorney and spend $250.

If you live in Florida, and if you were married at the time of the birth of the child, then that husband is by law the father of the child. He is not presumed to be the biological father, just the father. He has up to one year to declare that he is not the biological father of the child. After that, it's too late, the law will hold him responsible for the child and the child's support.

When a married woman has a child, that child is presumed to be the husband's. That's the law in Florida.

Do I feel sorry for that kid.