Husband Had Child with Someone else During Marriage
tennessee
When I married my husband he had someone else pregnant and failed to tell me. In fact when I did find out he denied it all and I believed him. When I was 8 months pregnant with our daughter he was served with a dna summons and after taking it the results were 99.99 that it is his kid. Since then my life has been hell and when I ask for a divorce he claims that he will take my kids. I have no income of my own because he doesnt think we should " pay someone to raise our kids". I have dealt with his " baby's mama" stalking me, threatening me and my children, and even breaking into my apartment. I tried to get an order of protection and the courts said that I cant only he can and he refuses.
I have asked him for a divorce and he tells me that he wants me to leave and that I am not taking the kids. The lease and all of the utilities are in my name however my car has his name on the title. I have no income so I can not pay the rent or buy groceries. He does not give me any money except for the bills and I have no family to go to.
Can he get custody of my kids?
He was paying child support on his other kid until he filed for custody and the state stopped the order. Is that going to limit the amount of support I would get to take care of my kids?
Re: Husband Had Child with Someone else During Marriage
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Can he get custody of my kids?
In theory.
That doesn't mean he will, though. All he can do is ask the court. Filing for custody and actually getting custody are two entirely separate things.
The threat of "I'll take the kids!" is often thrown about by bullies who simply want things their way when a marriage goes sour. The court doesn't look too kindly upon bullies, and rarely gives them what they want.
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He was paying child support on his other kid until he filed for custody and the state stopped the order. Is that going to limit the amount of support I would get to take care of my kids?
It could.
It's time for you to start looking for a job, regardless of what your (soon to be ex) husband says. You are a full citizen, not owned chattel, legally entitled to work. And at this point, if you intend to get away from this man, you NEED to work.
He cannot make you leave your home. He can want you to, but he can't make you go.
Contact legal aid in your area for help with getting your divorce moving along. If they are unable to help you, they can at least provide a referral to someone who can work with you on the fees.